Rajasthan High Court - Jodhpur
Gaja Nand vs State Of Rajasthan (2025:Rj-Jd:36192) on 13 August, 2025
[2025:RJ-JD:36192]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1030/2024
Gaja Nand S/o Shri Jagana Ram, Aged About 35 Years, R/o Ward
No. 39, Churu (Rajasthan) (Presently Lodged In Central Jail,
Bikaner)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Shambhoo Singh
For Respondent(s) : Mr. Narendra Gehlot, PP
Mr. S.K. Verma
HON'BLE MR. JUSTICE SANDEEP SHAH
Order
13/08/2025
1. Heard learned counsel for the appellant-applicant as well as
learned Public Prosecutor and perused the material available on
record.
2. Learned counsel for the appellant-applicant submits that
appellant-applicant was on bail during the course of the trial and
the allegation against him is a single stab wound that too was on
the spur of the moment and there was no enmity between the
injured and the appellant-applicant. He further submits that the
injury is not on any vital part of the body of injured. He also
submits that the appellant-applicant had already remained behind
the bars for a period of one year. In these circumstances, he prays
that the sentence awarded to the appellant-applicant may be
suspended and he may be released on bail.
[2025:RJ-JD:36192] (2 of 3) [SOSA-1030/2024]
3. Learned Public Prosecutor as well as S.K. Verma appearing
for the complainant opposes the application for suspension of
sentence and submits that the doctor has opined that the injury
No.1 is endangerous to the life and therefore, the appellant-
applicant is not entitled to be enlarged on bail.
4. Upon consideration of the arguments advanced on behalf of
both the parties and having regard to the facts and circumstances
of the case, including the fact that the injury is of a single stab
wound and also considering the fact that the incident took place
on the spur of moment and there is no previous enmity between
accused and complainant as well as the fact that the accused was
behind the bars for a period of almost one year and that the
chances of hearing of appeal in near future is bleak, this Court is
of the opinion that it is a fit case for suspending the sentence
awarded to the accused appellants-applicants.
5. Accordingly, the application for suspension of sentence filed
under Section 389 of Cr.P.C./ 430 of BNSS is allowed and it is
ordered that the sentence passed by the learned Additional
Sessions Judge, Churu, vide judgment dated 13.08.2024 in
Sessions Case No.17/2014, (CIS No.95/2014) against the
appellant-applicant Gaja Nand S/o Shri Jagana Ram, 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/- with two sureties of Rs.50,000/- each to
the satisfaction of the learned trial Judge for his appearance in this
court on 10.09.2025 and whenever ordered to do so till the
disposal of the appeal on the conditions indicated below:-
[2025:RJ-JD:36192] (3 of 3) [SOSA-1030/2024]
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.
6. 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.
(SANDEEP SHAH),J
133-Love/-
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