Rajasthan High Court - Jodhpur
Guddu vs State Of Rajasthan ... on 9 January, 2025
Author: Madan Gopal Vyas
Bench: Madan Gopal Vyas
[2025:RJ-JD:1415-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension of Sentence Application (Appeal)
No. 1253/2024
Guddu S/o Shri Bhuriya Urf Kallu Khan Mev, aged about 38
years, R/o Meera Basti Kethun, Police Station Kethun, District
Kota (Rajasthan).
(Presently lodged in Central Jail, Udaipur)
----Petitioner
Versus
State of Rajasthan, through P.P.
----Respondent
For Petitioner(s) : Mr. Ansarul Hak Mansuri
For Respondent(s) : Mr. C.S. Ojha, Public Prosecutor.
HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Order
09/01/2025
The present applicant has been convicted and sentenced to
life imprisonment under Section 395 of the Indian Penal Code.
2. This appears from the materials on record that the name of
the present applicant-convict transpired in the confessional
statement of the co-accused Manoj Singh, who is still absconding.
3. During the trial, the prosecution examined 19 witnesses and
laid in evidence 68 materials, documents and articles in support of
the charge under Section 395 of the Indian Penal Code. However,
as we gather on a glance at the judgment rendered in Sessions
Case No.19/2021 (41/2013), there was no substantive evidence
produced against the present applicant-convict.
4. Mr. Ansarul Hak Mansuri, the learned counsel for the
applicant-convict submits that it was a mere suspicion on the
[2025:RJ-JD:1415-DB] (2 of 3) [SOSA-1253/2024]
ground of which the present applicant was implicated in the
criminal case.
5. Mr. C.S. Ojha, the learned Public Prosecutor has opposed this
suspension of sentence application. However, on a Court's query,
the learned Public Prosecutor has apprised this Court that this
applicant-convict has no previous criminal antecedents.
6. Having regard to the aforementioned circumstances in the
case, we think that the present convict-applicant has made out a
case for suspension of sentence. Therefore, D.B. Criminal Misc
Suspension of Sentence Application (Appeal) No. 1253/2024 is
allowed and it is ordered that the substantive sentence awarded to
the convict, namely, Guddu shall remain suspended during
pendency of the D.B. Criminal Appeal No. 230 of 2024 and he
shall be released on bail, provided he executes a personal bond of
Rs.50,000/- with two sureties of Rs. 25,000/- each to the
satisfaction of learned trial Judge for his appearance in this Court
on 10th February 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(s) they
will give in writing their changed address to the trial court."
7. 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 relating to original case in which the accused-
applicant was tried and convicted. A copy of this order shall also
[2025:RJ-JD:1415-DB] (3 of 3) [SOSA-1253/2024]
be placed in that file for ready reference. Criminal Misc. file shall
not been taken into account for statistical purpose relating to
pendency and disposal of the cases in the trial court. In case the
said accused-applicant does not appear before the trial Court,
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(MADAN GOPAL VYAS),J (SHREE CHANDRASHEKHAR),J
46-Ravi Khandelwal
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