Kailash vs State Of Rajasthan (2025:Rj-Jd:5702)
2025 Latest Caselaw 5634 Raj

Rajasthan High Court - Jodhpur

Kailash vs State Of Rajasthan (2025:Rj-Jd:5702) on 29 January, 2025

Author: Manoj Kumar Garg

Bench: Manoj Kumar Garg

[2025:RJ-JD:5702]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
 S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
                               No. 62/2025

Kailash S/o Devi Singh Daroga, Aged About 30 Years, R/o Eara
P.s. Gangrar, Dist. Chittorgarh. (At Present Lodged At Central Jail
Udaipur)
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through Pp
                                                                ----Respondent


For Petitioner(s)        :     Mr. RK Charan
For Respondent(s)        :     Mr. Narendra Gehlot, PP with
                               Mr. OP Choudhary



          HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

29/01/2025

Heard learned counsel for the appellant as well as learned

Public Prosecutor and 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 fact that the appellant was on bail during

the trial and there is no chance of hearing of the appeal in near

future, 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 of BNSS is allowed and it is ordered that the

sentence passed by the learned Addl. Session Judge No.2,

Chittorgarh, vide judgment dated 04.12.2024 in Session Case

No.72/2021 against the applicant Kailash S/o Devi Singh Daroga,

[2025:RJ-JD:5702] (2 of 2) [SOSA-62/2025]

shall remain suspended till final disposal of the aforesaid appeal

and 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 17.03.2025 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 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 193-MS/-

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