Chandrabhan vs State Of Rajasthan (2025:Rj-Jd:2927)
2025 Latest Caselaw 4749 Raj

Rajasthan High Court - Jodhpur

Chandrabhan vs State Of Rajasthan (2025:Rj-Jd:2927) on 16 January, 2025

Author: Manoj Kumar Garg

Bench: Manoj Kumar Garg

[2025:RJ-JD:2927]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
 S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
                          No. 9/2025

Chandrabhan S/o Sishpal, Aged About 32 Years, R/o Village
Depalsar P.s. Ratannagar, Dist. Churu (Presently Lodged In Dist.
Jail, Churu)                                       ----Petitioner
                                   Versus
State Of Rajasthan, Through Pp                                  ----Respondent


For Petitioner(s)        :     Mr. Digvijay Singh Rathore
For Respondent(s)        :     Mr. K.S. Kumpawat, assistant to Mr.
                               Deepak Chowdhary
                               Mr. R.S. Choudhary for complainant


          HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order 16/01/2025

Heard learned counsel for the parties.

Learned counsel for the appellant submits that the accused-

appellant was on bail during the trial. The appellant has been

granted bail under Section 167(2) Cr.P.C. and there is no evidence

against the appellant for abetment to commit suicide. The hearing

of the appeal will take sufficiently long time, therefore, the

sentence of the appellant may kindly be suspended.

Learned Addl. G.A. and learned counsel for the complainant

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, 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 Additional Sessions Judge, Churu

[2025:RJ-JD:2927] (2 of 2) [SOSA-9/2025]

vide judgment dated 20.12.2024 in Sessions Case No.19/2017

against the appellant-applicant - Chandrabhan S/o Sishpal 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 17.02.2025 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 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 70-Rashi/-

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