[Cites 5, Cited by 0]
Rajasthan High Court - Jodhpur
Suresh vs State Of Rajasthan ... on 16 December, 2025
Author: Farjand Ali
Bench: Farjand Ali
[2025:RJ-JD:54211-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 2298/2025
Suresh S/o Om Prakash, Aged About 27 Years, R/o Badi Bheel
Basti, Chandpole, Ps Soorsagar, Jodhpur. (At Present Lodged In
Central Jail, Jodhpur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Ms. Laxmi Ramawat for
Ms. Ranjana Singh
For Respondent(s) : Mr. S.S. Rathore, Dy.G.A.
HON'BLE MR. JUSTICE ARUN MONGA
HON'BLE MR. JUSTICE FARJAND ALI
Order
16/12/2025
1. Instant application has been filed by appellant seeking
suspension of his sentence during pendency of his appeal assailing
judgment dated 15.03.2022 passed by the learned Additional
Sessions Judge No.1, Jodhpur Metropolitan in Sessions Case
No.06/2016 whereby he has been convicted and awarded a
sentence of life imprisonment along with a fine of Rs.10,000/-
under Section 302/34 of IPC and one month's simple
imprisonment along with a fine of Rs.500/- under Section 341 of
IPC.
2. It is contended by the learned counsel for the appellant that
the learned trial Judge has not appreciated the correct, legal and
factual aspects of the matter and thus, arrived at an erroneous
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conclusion of guilt. Therefore, the same is required to be
appreciated again by this court being the first appellate Court.
3. It is further contended that the co-accused Sukhdev and
Mahendra have already been enlarged on bail by this Court vide
orders dated 03.09.2025 (In D.B. Criminal Misc. Suspension of
Sentence Application (Appeal) No.991/2025) and 19.09.2025 (In
D.B. Criminal Misc. Suspension of Sentence Application (Appeal)
No.1711/2025).
4. It is further contended that case of the applicant is even better
than the aforesaid co-convicts who have already been enlarged on
bail; therefore, the application for suspension of sentence may be
allowed.
5. Per contra, learned public prosecutor has vehemently
opposed the prayer made by learned counsel for the accused-
applicant for releasing the appellant on application for suspension
of sentence. He argues that in light of the well reasons judgment
rendered by the learned trail court no interference is warranted.
4. Heard learned counsel for the parties and perused the
material available on record.
5. On a query to the learned Public Prosecutor, it emerges that
the role attributed to the present applicant is materially and
demonstrably lesser than that of the other co-convicts, who have
already been granted the concession of bail by suspension of
sentence during the pendency of their appeals. The prosecution
has been unable to point out any distinguishing or aggravating
circumstance which would justify a departure from the principle of
parity in the case of the present applicant.
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6. Moreover, a prima facie evaluation of the evidence on record
further indicates that the extent of the applicant's involvement is
limited, and it is clearly arguable whether the evidence establishes
his culpability on the same footing as that of the co-accused who
have been visited with an identical sentence. The question as to
whether the applicant deserved equal treatment at the stage of
sentencing is itself a substantial issue requiring consideration in
appeal.
7. Furthermore, the appeal is unlikely to be taken up for final
hearing in the near future, and continued incarceration of the
applicant during the pendency of such appeal would result in
undue hardship, particularly when similarly placed co-convicts are
already on bail.
8. In the premise, considering the totality of circumstances and
having regard to the principle of parity, the arguable nature of the
case on merits, the absence of any distinguishing factors, and the
likelihood of prolonged delay in disposal of the appeal, we are
satisfied that this is a fit case for suspension of the sentence
awarded to the appellant and for granting him the benefit of bail
during the pendency of the appeal.
9. Accordingly, the application for suspension of sentence filed
under Section 430 BNSS/389 Cr.P.C. is allowed. It is ordered that
the sentence passed by learned trial court, the details of which are
provided in the first para of this order, against the
appellant-applicant named above shall remain suspended till final
disposal of the aforesaid appeal and they shall be released on bail
provided each of them executes a personal bond in the sum of
Rs.50,000/-with two sureties of Rs.25,000/- each to the
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satisfaction of the learned trial Judge for their appearance in this
court on 16.01.2026 and whenever further ordered to do so till
the disposal of the appeal on the conditions indicated below:-
1. That he will appear before the trial Court in the month
of January of every year till the appeal is decided.
2. 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.
3. Similarly, if the sureties change their address(s), 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
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(FARJAND ALI),J (ARUN MONGA),J
169-divya/-
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