Rajasthan High Court - Jodhpur
Sandeep vs State Of Rajasthan (2025:Rj-Jd:9121) on 14 February, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:9121]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1229/2024
Sandeep S/o Mahavir, Aged About 26 Years, R/o Heeranwali, P.s.
Hanumangarh Junction, Dist. Hanumangarh (At Present Lodged
At Central Jail, Sriganganagar)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. H.S. Shrimali
For Respondent(s) : Mr. K.S. Kumpawat, assistant to
Mr. Deepak Chowdhary, GA-cum-AAG
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
14/02/2025
Heard learned counsel for the parties.
Learned counsel for the appellant submits that the victim has
roamed with the appellant at so many places and during this
period, she did not raise any hue & cry. Counsel further submits
that there are major contradictions, omissions & improvements in
the statement of victim. The accused-appellant was on bail during
the trial and the hearing of the appeal will take sufficiently long
time, therefore, the sentence of the appellant may kindly be
suspended.
Learned Addl. G.A. has opposed the prayer made by the
counsel for the appellant.
Upon a consideration of the arguments advanced on behalf
of the appellant and having regard to the facts and circumstances
[2025:RJ-JD:9121] (2 of 3) [SOSA-1229/2024]
of the case, this court is of the opinion that it is a fit case for
suspending the sentence awarded to the accused appellant.
Accordingly, the application for suspension of sentence filed
under Section 430 B.N.S.S. is allowed and it is ordered that the
sentences passed by the learned Special Judge, Protection of
Children from Sexual Offence Act & Commission for Protection of
Child Rights Act, No.2, Sriganganagar vide judgment dated
05.09.2023 in Sessions Case No.164/2021 against the appellant-
applicant - Sandeep S/o Mahavir shall be suspended till final
disposal of the aforesaid appeal 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 17.03.2025 and whenever ordered to
do so till the disposal of the appeal on the conditions indicated
below:-
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
[2025:RJ-JD:9121] (3 of 3) [SOSA-1229/2024]
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.
(MANOJ KUMAR GARG),J
83-Rashi/-
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