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Rajasthan High Court - Jodhpur
Kishan Singh vs State Of Rajasthan (2025:Rj-Jd:55187) on 18 December, 2025
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2025:RJ-JD:55187]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Suspension of Sentence Application (Appeal)
No. 2262/2025
In
S.B. Criminal Misc. Appeal (SB) No.2693/2025
Kishan Singh S/o Nain Singh, Aged About 43 Years, Village
Mokalsar, Tehsil Siwana, District Barmer, Rajasthan (Lodged In
Central Jail, Jodhpur)
----Petitioner
Versus
State of Rajasthan, through CBI
----Respondent
For Petitioner(s) : Mr. Bhanwar Singh Rathore
For Respondent(s) : Mr. Prem Singh Panwar, PP
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
18/12/2025
Heard learned counsel for the applicant-appellant and
learned Public Prosecutor on the application for suspension of
sentences.
Drawing attention of the Court towards the impugned
judgment dated 24.11.2025 passed by the learned Special Judge,
CBI, Jodhpur Metropolitan in Special Sessions Case No.03/2018
(CIS No.03/2018), learned counsel for the appellant submitted
that learned trial Court in its judgment has failed to appreciate the
statements of prosecution witnesses in their true and correct
manner. From the perusal of the statements of the prosecution
witnesses, it is apparent that no case against the petitioner is
made out. There are major contradictions, omissions and
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[2025:RJ-JD:55187] (2 of 3) [SOSA-2262/2025]
improvements in the prosecution witnesses. Apart from the above
ground, there are other strong grounds available to the appellant
for assailing the impugned judgment of conviction and therefore,
the sentences awarded to the appellant deserve to be suspended,
during pendency of the appeal.
Per contra, learned Public Prosecutor opposed the arguments
advanced by the learned counsel for the appellant and submitted
that it is not a fit case for suspending the sentences awarded to
the accused appellant.
Upon a consideration of the arguments advanced at bar and
having regard to the facts and circumstances as available on the
record, particularly the fact that the hearing of the appeal is likely
to consume time, this Court is of the opinion that it is a fit case for
suspending the sentences awarded to the accused appellant
during the pendency of the instant appeal.
Accordingly, the application for suspension of sentence filed
under Section 430 BNSS (389 Cr.P.C.) is allowed and it is ordered
that the sentence passed by the learned Special Judge, NDPS
Cases, District Sri Ganganagar vide judgment dated 24.11.2025 in
Special Sessions Case No.03/2018 (CIS No.03/2018) against the
appellant-applicant Kishan Singh S/o Nain Singh, shall remain
suspended till the 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 21.01.2026 and whenever ordered to do so till the
disposal of the appeal on the conditions indicated below:-
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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
court, the learned trial Judge shall report the matter to the High
Court for cancellation of bail.
(KULDEEP MATHUR),J
69-tarunGoyal/-
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