Rajasthan High Court - Jodhpur
Bajrang Lal vs State Of Rajasthan (2025:Rj-Jd:17085) on 2 April, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:17085]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 490/2025
Bajrang Lal S/o Shri Bhanwar Lal, Aged About 21 Years, R/o
Khorandi, Police Station Chitawa, District Didwana-Kuchaman.
----Petitioner
Versus
1. State Of Rajasthan, Pp
2. Smt. Manju Devi W/o Shri Shishpal, R/o Khorandi, Police
Station Chitawa, District Didwana-Kuchaman.
----Respondents
For Petitioner(s) : Mr. S.S. Shaktawat
For Respondent(s) : Mr. K.S. Kumpawat, assistant to
Mr. Deepak Chowdhary, GA-cum-AAG
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
02/04/2025
Heard learned counsel for the parties.
Learned counsel for the appellant submits that according to
statement of victim (PW.2), she admitted that she went with the
appellant at her own free will and resided with him for about 11-
12 days in a rental house and during this period, she did not raise
any hue & cry. Counsel submits that the FIR in this case has been
lodged after a considerable delay and no explanation has been
given for the said delay by the victim. The accused-appellant is in
judicial custody since 12.02.2024 and the hearing of the appeal
will take sufficiently long time, therefore, the sentence of the
appellant may kindly be suspended.
[2025:RJ-JD:17085] (2 of 3) [SOSA-490/2025]
Learned Addl. GA and learned counsel for the complainant
have vehemently opposed the prayer made by the counsel for the
appellant.
Upon a consideration of the arguments advanced on behalf
of the appellant and having regard to the facts and circumstances
of the case, this court is of the opinion that it is a fit case for
suspending the sentence awarded to the accused appellant.
Accordingly, the application for suspension of sentence filed
under 389 Cr.P.C. (New Section 430 B.N.S.S.) is allowed and it is
ordered that the sentences passed by the learned Special Judge,
Prevention of Children from Sexual Offences Act, No.1, Merta,
District Didwana-Kuchaman vide judgment dated 18.11.2024 in
Sessions Case No.29/2024 against the appellant-applicant -
Bajrang Lal S/o Shri Bhanwar Lal, shall be suspended till final
disposal of the aforesaid appeal provided he executes a personal
bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/-
each to the satisfaction of the learned trial Judge for his
appearance in this court on 02.05.2025 and whenever ordered to
do so till the disposal of the appeal on the conditions indicated
below:-
1. That he/she/they will appear before the trial
Court in the month of January of every year till the
appeal is decided.
2. That if the applicant(s) changes the place of
residence, he/she/they will give in writing
his/her/their changed address to the trial Court as
well as to the counsel in the High Court.
3. Similarly, if the sureties change their address(s),
they will give in writing their changed address to
the trial Court.
[2025:RJ-JD:17085] (3 of 3) [SOSA-490/2025]
The learned trial Court shall keep the record of attendance of
the accused-applicant(s) in a separate file. Such file be registered
as Criminal Misc. Case related to original case in which the
accused-applicant(s) was/were tried and convicted. A copy of this
order shall also be placed in that file for ready reference. Criminal
Misc. file shall not be taken into account for statistical purpose
relating to pendency and disposal of cases in the trial court. In
case the said accused applicant(s) does not appear before the trial
court, the learned trial Judge shall report the matter to the High
Court for cancellation of bail.
(MANOJ KUMAR GARG),J
229-Rashi/-
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