Rajasthan High Court - Jodhpur
Basant Lal vs State Of Rajasthan ... on 27 August, 2025
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2025:RJ-JD:38192-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc 2nd Suspension Of Sentence Application
(Appeal) No. 413/2025
Basant Lal S/o Nathu, Aged About 51 Years, R/o Piplara Ps
Arthuna Dist. Banswara (Presently Lodged In Central Jail
Udaipur)
----Applicant
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Devendra Sanwalot
For Respondent(s) : Mr. CS Ojha, PP
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
HON'BLE MR. JUSTICE ANUROOP SINGHI
Order
27/08/2025
1. The present second application has been filed by the
applicant under section 389 of the Code of Criminal Procedure,
1973 (hereinafter referred to as 'Cr.P.C.') (430 of the Bhartiya
Nagrik Suraksha Sanhita, 2023) seeking suspension of sentence
awarded to him by the learned Sessions Judge, Banswara
(hereinafter referred to as 'trial Court') vide judgment dated
27.01.2023 passed in Session Case No.131/2018 whereby
following sentences have been awarded against the accused-
applicant.
S.No Offence Sentence In default of payment of
fine further undergo
1. 147 of Rigorous Extra 2 (two) months of
IPC Imprisonment for Rigorous Imprisonment
2(two) years with
the fine of
Rs.2,000/-
[2025:RJ-JD:38192-DB] (2 of 4) [SOSA-413/2025]
2. 148 of Rigorous Extra 3 (three) months of
IPC Imprisonment for Rigorous Imprisonment
2(two) years with
the fine of
Rs.3,000/-
3. 447/149 Rigorous Extra One month of Rigorous
of IPC Imprisonment for Imprisonment
3(three) months
with the fine of
Rs.500/-
4. 323/149 Rigorous Extra Two months of Rigorous
of IPC Imprisonment for Imprisonment
1(One) Year with
the fine of
Rs.1,000/-
5. 302/149 Imprisonment for Extra Six months of Rigorous
of IPC life with the fine of Imprisonment
Rs.1,00,000/-
6. 4/25 of Simple Extra Three months of Simple
Arms Imprisonment for Imprisonment
Act Two Years with the
fine of Rs.5,000/-
2. Learned counsel for the applicant-appellant submits that the
co-accused Prakash has been enlarged on bail by a Coordinate
Bench of this Court vide order dated 10.01.2025. He submits that
the case of the present applicant-appellant is on a similar footing
to the co-accused Prakash in whose case, the sentence has been
suspended.
3. Learned Public Prosecutor is unable to distinguish the case of
the present applicant-appellant with the case of the co-accused
Prakash.
4. We have considered the submissions made at the Bar and
have gone through the relevant record of the case.
5. In the considered opinion of this Court, since the co-accused
Prakash has already been enlarged on bail by a coordinate Bench
of this Court vide order dated 10.01.2025, therefore, without
[2025:RJ-JD:38192-DB] (3 of 4) [SOSA-413/2025]
commenting on the merit and de-merit of the case, this Court
deems it appropriate to suspend the sentence of the applicant-
appellant.
6. Accordingly, the present second application for suspension of
sentence filed by the applicant-appellant is hereby allowed. It is
ordered that the sentence passed by the learned Sessions Judge,
Banswara vide judgment dated 27.01.2023 in Session Case
No.131/2018 against the applicant - Basant Lal S/o Nathu shall
remain suspended till final disposal of the aforesaid appeal and he
shall be released on bail, provided he executes a personal bond in
the sum of Rs.1,00,000/- each with two sureties of Rs.50,000/-
each to the satisfaction of the learned trial Judge for his
appearance in this Court on 06.10.2025 and whenever ordered to
do so till the disposal of the appeal on the conditions indicated
below:-
(i) That he will appear before the trial Court in the month of
January of every year till the appeal is decided.
(ii) That if the applicant changes the place of residence, he will
give in writing his changed address to the trial Court as well as to
the counsel in the High Court.
(iii) Similarly, if the sureties change their address, they will give in
writing their changed address to the trial Court.
7. The learned trial Court shall keep the record of attendance of
the accused-applicant in a separate file. Such file be registered as
Criminal Misc. Case related to original case in which the accused-
applicant was 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 does not appear before the trial court, the
[2025:RJ-JD:38192-DB] (4 of 4) [SOSA-413/2025]
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
8. Needless to state that the observations made hereinabove in
relation to guilt or otherwise of the applicant is prima-facie opinion
considering the material to the extent necessary for the purpose
of consideration of instant application. None of the parties shall
rely upon the findings or observations made herein at the time of
arguing final hearing of the appeal.
(ANUROOP SINGHI),J (VINIT KUMAR MATHUR),J
26-nitin/-
Powered by TCPDF (www.tcpdf.org)
