Rajasthan High Court - Jodhpur
Chhagan Lal vs State Of Rajasthan (2025:Rj-Jd:10309) on 20 February, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:10309]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 42/2025
Chhagan Lal S/o Magaram, Aged About 35 Years, R/o Surajpura,
Police Station Sheoganj, District Sirohi (Rajasthan) (Presently
Confined In District Jail, Sirohi) ----Petitioner
Versus
State Of Rajasthan, Through PP ----Respondent
For Petitioner(s) : Mr. Dinesh Bishnoi
For Respondent(s) : Mr. Narendra Gehlot, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment
20/02/2025
Heard learned counsel for the parties and perused the
material available on record.
Learned counsel for the appellant submits that the appellant
was on bail during the trial and hearing of the appeal will take
sufficiently long time, therefore, the sentence of the appellant may
be suspended.
Learned Public Prosecutor opposed the prayer for suspension
of sentence.
Upon a consideration of the arguments advanced on behalf
of the appellant and having regard to the facts and circumstances
of the case including the facts that the appellant was on bail
during the trial and hearing of the appeal is likely to take time,
therefore, this court is of the opinion that it is a fit case for
suspending the substantive sentence awarded to the accused
appellant.
Accordingly, the application for suspension of sentence filed
under Section 430 BNSS (Old Provision Section 389 Cr.P.C.) is
allowed and it is ordered that the sentence passed by learned
[2025:RJ-JD:10309] (2 of 2) [SOSA-42/2025]
Special Judge, SC/ST (Prevention of Atrocities) Cases, District
Sirohi vide judgment dated 17.12.2024 in Special Session Case
No.67/2021 against the appellant-applicant - Chhagan Lal S/o
Magaram shall remain 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 21.03.2025 and whenever 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, 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 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 do 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
198-mSingh/-
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