Jai Karan vs State Of Rajasthan (2025:Rj-Jd:607)
2025 Latest Caselaw 3738 Raj

Rajasthan High Court - Jodhpur

Jai Karan vs State Of Rajasthan (2025:Rj-Jd:607) on 6 January, 2025

Author: Manoj Kumar Garg

Bench: Manoj Kumar Garg

[2025:RJ-JD:607]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
 S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
                                 No. 1734/2024

1. Jai Karan S/o Ganga Ram Kholayat, Aged About 50 Years, R/o
Munsari, Ps Goga Medi, Dist. Hanumangarh, Raj.
2. Pradeep Kumar S/o Ram Kumar, Age 30 years, R/o Munsari,
Police Station Goga Medi, District Hanumangarh
3. Vikas Kumar S/o Gulab Singh, aged 22 years, R/o Sherda,
Police Station Bhirani, District Hanumangarh
(Lodged In Central Jail Hanumangarh.)
                                                                     ----Petitioner
                                      Versus
State Of Rajasthan, Through Pp
                                                                   ----Respondent


For Petitioner(s)            :    Mr. Moti Singh
For Respondent(s)            :    Mr. Narendra Gehlot, PP with
                                  Mr. Omprakash Choudhary
                                  Mr. G.R. Bhari, for complainant.



             HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

06/01/2025

Heard learned counsel for the appellants and learned Public

Prosecutor as well as counsel for the complainant and perused the

material available on record.

Learned counsel for the appellants submits that the appellants

were on bail during the trial and hearing of the appeal will take

sufficient long time. Therefore, the sentence may kindly be

suspended.

Learned Public Prosecutor and counsel for the complainant

vehemently opposed the prayer made by the counsel for the

appellants.

[2025:RJ-JD:607] (2 of 3) [SOSA-1734/2024]

Upon a consideration of the arguments advanced on behalf of

the appellants and having regard to the facts and circumstances of

the case, the appellants were 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 appellants.

Accordingly, the application for suspension of sentence filed

under Section 430 BNSS is allowed and it is ordered that the

sentence in the judgment dated 10.12.2024 passed by the learned

Addl. Sessions Judge, Bhadra, Hanumangarh in Sessions Case

No.40/2017 against the appellants-applicants (1) Jai Karan S/o

Ganga Ram Kholayat, (2) Pradeep Kumar S/o Ram Kumar & (3)

Vikas Kumar S/o Gulab Singh , shall remain suspended till final

disposal of the aforesaid appeal and they will be released on bail,

provided they execute personal bond in the sum of Rs.1,00,000/-

each with two sureties of Rs.50,000/- each to the satisfaction of the

learned trial Judge for their appearance in this court on 07.02.2025

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

[2025:RJ-JD:607] (3 of 3) [SOSA-1734/2024]

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 92-Ishan/-

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