Rajasthan High Court - Jodhpur
Laxman Lal vs State Of Rajasthan (2025:Rj-Jd:10250) on 20 February, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:10250]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1705/2024
Laxman Lal S/o Shri Vala Ji, Aged About 35 Years, R/o Devpura,
Police Station Jawar Mines, Dist. Salumber (Raj.) (Presently
Lodged At Central Jail, Banswara)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Firoz Khan
For Respondent(s) : Mr. Kuldeep Singh Kumpawat, Asst. to
Mr. Deepak Choudhary, AAG
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
20/02/2025
Heard learned counsel for the appellant as well as learned
Assistant to Addl. Advocate General and perused the material
available on record.
Learned counsel for the appellant submits that the prosecutrix
was major and there are major contradictions, improvements and
omission in her statement. The appellant was on bail during the trial
and hearing of the appeal will take sufficient long time. Therefore,
the sentence may kindly be suspended.
Learned Assistant to Addl. Advocate General 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 of
the case, the appellant was on bail during the trial, therefore, this
Court is of the opinion that it is a fit case for suspending the
sentences awarded to the accused appellant.
Accordingly, the application for suspension of sentence filed
under Section 389 Cr.P.C. (430 BNSS) is allowed and it is ordered
[2025:RJ-JD:10250] (2 of 2) [SOSA-1705/2024]
that the sentence in the judgment dated 29.11.2024 passed by the
learned Sessions Judge, District Banswara, in Sessions Case
No.165/2019 against the appellant-applicant Laxman Lal S/o Shri
Vala Ji, shall remain suspended till final disposal of the aforesaid
appeal and he will be released on bail, provided he executes
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 24.03.2025 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 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
89-Ishan/-
Powered by TCPDF (www.tcpdf.org)
