[Cites 5, Cited by 0]
Rajasthan High Court - Jodhpur
Bintu Alias Mintu vs State Of Rajasthan on 9 December, 2025
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Crl. Misc. Suspension of Sentence Application No.2328/2025
IN
S.B. Criminal Appeal (SB) No. 2753/2025
Bintu Alias Mintu S/o Shri Karan Singh, Aged About 34 Years,
Resident of Sorda Jadid, Police Station Bahal, District Bhiwani. At
Present Lodged In Sub Jail Taranagar, Dist. Churu)
----Appellant
Versus
State Of Rajasthan, Through Learned P.P.
----Respondent
For Appellant(s) : Mr. Prakash Choudhary
For Respondent(s) : Mr. Sriram Choudhary, PP
HON'BLE MR. JUSTICE SUNIL BENIWAL
Order
09/12/2025
S.B. Criminal Appeal (SB) No. 2753/2025:-
Admit.
Issue notice.
Call for the record.
S.B. Crl. Misc. Suspension of Sentence Application
No.2328/2025:-
1. The instant application for suspension of sentence has been
moved on behalf of the applicant-appellant against the judgment
and order dated 13.10.2025 passed by the learned Additional
District & Sessions Judge, Taranagar, District Churu in Sessions
Case No.34/2016 whereby the applicant-appellant was convicted
and sentenced to undergo a punishment of two years simple
imprisonment under Section 148/149 of the IPC and one year
simple imprisonment under Section 147/149 of the IPC.
2. It is contended on behalf of the applicant-appellant that the
learned trial Court has not appreciated the correct, legal and
(Uploaded on 09/12/2025 at 05:56:03 PM)
(2 of 3) [CRLAS-2753/2025]
factual aspects of the matter and thus, reached at an erroneous
conclusion of guilt, therefore, the same is required to be
appreciated again by this court being the first appellate Court.
3. Learned counsel for the appellant-applicant submits that the
appellant-applicant was on bail during the course of the trial. It is
further contended that he has no previous criminal antecedents.
On the basis of these submissions, learned counsel submits that
the appellant-applicant deserves to be enlarged on bail by
suspending the sentence awarded to him.
4. Per contra, learned Public Prosecutor has vehemently
opposed the prayer made on behalf of the applicant-appellant for
suspension of sentence. It is therefore, prayed that the application
seeking suspension of sentence be dismissed.
5. Heard learned counsel for the parties and perused the
material available on record.
6. Considering the facts stated above, more particularly the fact
that the applicant-appellant has no previous criminal antecedents
and he was on bail during trial, so also that appeal is likely to take
considerable time to be finally decided, this Court is of the view
that without making any observation on the merits of the case,
this Court is of the opinion that it is a fit case for suspending the
sentence awarded to the accused-appellant.
7. Accordingly, the application for suspension of sentence filed
under Section 430 BNSS (old section 389 Cr.P.C.) is allowed and it
is ordered that the sentence awarded by the learned trial Court
(Uploaded on 09/12/2025 at 05:56:03 PM)
(3 of 3) [CRLAS-2753/2025]
against the appellant-applicant- Bintu Alias Mintu S/o Shri
Karan Singh 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.50,000/-with two
sureties of Rs.25,000/- each to the satisfaction of the learned trial
Judge for his appearance in this court on 09.01.2026 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-appellant 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 addresses, they
will give in writing their changed address to the trial
Court.
8. 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
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(SUNIL BENIWAL),J
85-Ashutosh/-
(Uploaded on 09/12/2025 at 05:56:03 PM)
Powered by TCPDF (www.tcpdf.org)
