Vijaypal vs State Of Rajasthan (2025:Rj-Jd:17089)
2025 Latest Caselaw 10933 Raj

Rajasthan High Court - Jodhpur

Vijaypal vs State Of Rajasthan (2025:Rj-Jd:17089) on 2 April, 2025

Author: Manoj Kumar Garg

Bench: Manoj Kumar Garg

[2025:RJ-JD:17089]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
 S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
                               No. 479/2025

Vijaypal S/o Pannalal R/o Charwara Phala, Rela, Ps Chaurasi,
Dist. Dungarpur, Raj. (Lodged In Dist. Jail Dungarpur)
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent


For Petitioner(s)         :     Mr. JVS Deora
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 resided with the

appellant for about 4 days in Ahmedabad and the appellant did

not kidnap her. The accused-appellant was on bail during the trial

and the hearing of the appeal will take sufficiently long time,

therefore, the sentence of the appellant may kindly be suspended.

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.

[2025:RJ-JD:17089] (2 of 3) [SOSA-479/2025]

Accordingly, the application for suspension of sentence filed

under 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, Dungarpur vide judgment

dated 29.01.2025 in Sessions Case No.82/2023 against the

appellant-applicant - Vijaypal S/o Pannalal 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.

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

[2025:RJ-JD:17089] (3 of 3) [SOSA-479/2025]

court, the learned trial Judge shall report the matter to the High

Court for cancellation of bail.

(MANOJ KUMAR GARG),J 228-Rashi/-

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