Bharat Kumar vs State Of Rajasthan (2025:Rj-Jd:5381)
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Rajasthan High Court - Jodhpur

Bharat Kumar vs State Of Rajasthan (2025:Rj-Jd:5381) on 28 January, 2025

Author: Manoj Kumar Garg

Bench: Manoj Kumar Garg

[2025:RJ-JD:5381]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
 S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
                                No. 1708/2024

Bharat Kumar S/o Shri Himata Ram, Aged About 26 Years, R/o
Khimada, Police Statin Sanderao, Dist. Pali (Raj.) (Presently
Lodged In Central Jail, Jodhpur)
                                                                     ----Petitioner
                                      Versus
State Of Rajasthan, Through Pp
                                                                   ----Respondent


For Petitioner(s)           :     Mr. Bharat Singh Rathore
For Respondent(s)           :     Mr. Kuldeep Singh Kumpawat,
                                  Assistant to Mr. Deepak Choudhary,
                                  AAG



          HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

28/01/2025

Heard learned counsel for the appellant as well as learned

Assistant to Addl. Advocate General and perused the material

available on record.

Learned counsel for the appellant submits that according to the

statement of prosecutrix, she clearly mentioned that she roamed

with the appellant at so many places and during this period she did

not raise any hue and cry. Counsel further submits that the FIR was

lodged after a considerable delay and the said delay has not been

explained by the prosecution. The appellant was on bail during the

trial and hearing of the appeal will take sufficient long time.

Therefore, the sentence may kindly be suspended.

Learned Assistant to Addl. Advocate General opposed the

prayer made by the counsel for the appellant.

[2025:RJ-JD:5381] (2 of 3) [SOSA-1708/2024]

Upon a consideration of the arguments advanced on behalf of

the appellant and having regard to the facts and circumstances of

the case, the appellant was 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 appellant.

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 05.12.2024 passed by the learned

Sessions Judge, Sirohi, in Sessions Case No.59/2019 against the

appellant-applicant Bharat Kumar S/o Shri Himata Ram, shall

remain suspended till final disposal of the aforesaid appeal and he

will be released on bail, provided he executes 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/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

[2025:RJ-JD:5381] (3 of 3) [SOSA-1708/2024]

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 110-Ishan/-

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