Vijayraj vs State Of Rajasthan (2025:Rj-Jd:5139)
2025 Latest Caselaw 5435 Raj

Rajasthan High Court - Jodhpur

Vijayraj vs State Of Rajasthan (2025:Rj-Jd:5139) on 27 January, 2025

Author: Manoj Kumar Garg

Bench: Manoj Kumar Garg

[2025:RJ-JD:5139]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
 S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
                               No. 66/2025

Vijayraj S/o Ramkunwar, Aged About 42 Years, R/o Bhuriyasani
P.S. Merta City Dist. Nagaur. (Lodged In Sub Jail, Merta)
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through PP
                                                                ----Respondent


For Petitioner(s)        :     Mr. Rahul Parihar
For Respondent(s)        :     Mr. Om Prakash Choudhary, A.G.A.



          HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

27/01/2025

Heard learned counsel for the appellant and learned Public

Prosecutor. Perused the material available on record.

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 sentence awarded to the accused appellant.

Learned Public Prosecutor has opposed the prayer made by

the counsel for the appellant.

Accordingly, the application for suspension of sentence filed

under Section 389 Cr.P.C. (430 BNSS) is allowed and it is ordered

that the sentence passed by learned Sessions Judge, Merta vide

judgment dated 19.12.2024 in Session Case No.56/2020 against

the appellant-applicant- Vijayraj S/o Ramkunwar, shall remain

[2025:RJ-JD:5139] (2 of 2) [SOSA-66/2025]

suspended till final disposal of the aforesaid appeal and he shall be

released on bail, 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 03.03.2025 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 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 162-GKaviya/-

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