Citation : 2025 Latest Caselaw 1804 Raj
Judgement Date : 4 July, 2025
[2025:RJ-JD:28897]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1117/2025
1. Raunak S/o Ratanlal Jat, Aged About 25 Years, R/o Village
Aajoliya Ka Kheda, Thana Chanderiya, District Chittorgarh
(Presently Lodged In Central Jail Udaipur)
2. Ratanlal S/o Daloo Jat, Aged About 25 Years, R/o Village
Aajoliya Ka Kheda Thana, Chanderiya, District Chittorgarh
(Presently Lodged In Central Jail Udaipur)
3. Lokesh S/o Kailash Vaishnav, Aged About 25 Years, R/o
Village Aajoliya Ka Kheda, Thana Chanderiya, District
Chittorgarh. (Presently Lodged In Central Jail Udaipur)
----Petitioners
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1108/2025
Bhanwar Lal S/o Bherulal Jat, Aged About 27 Years, R/o Ajoliya
Ka Khera, P.s. Chanderiya, Dist. Chittorgarh (Lodged In Dist. Jail,
Chittorgarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Bheru Lal Jat
Mr. Umesh Kant Vyas
For Respondent(s) : Mr. Surendra Bishnoi, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
04/07/2025
Heard learned counsel for the appellants as well as learned
Public Prosecutor.
Learned counsel for the appellants submits that the accused-
appellants were on bail during trial and hearing of the appeal will
[2025:RJ-JD:28897] (2 of 3) [SOSA-1117/2025]
take sufficiently long time, therefore, the sentence of the
appellants may kindly be suspended.
Learned Public Prosecutor has opposed the prayer for bail.
Upon a consideration of the arguments advanced on behalf
of the appellants 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 substantive sentence awarded to the accused
appellants.
Accordingly, the application for suspension of sentence filed
under Section 430 B.N.S.S. (Old Section 389 Cr.P.C.) is allowed
and it is ordered that the sentences passed by the learned
Sessions Judge, Chittorgarh vide judgment dated 03.06.2025 in
Sessions Case No.101/2019 against the appellants-applicants -
(1) Raunak S/o Ratanlal Jat (2) Ratanlal S/o Daloo Jat (3) Lokesh
S/o Kailash Vaishnav & (4) Bhanwar Lal S/o Bherulal Jat shall be
suspended till final disposal of the aforesaid appeal, provided each
of them 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 their appearance in this court on
05.08.2025 and whenever ordered to do so till the disposal of the
appeal on the conditions indicated below:-
1. That 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, they will give in writing his/her/their changed address to the trial Court as well as to the counsel in the High Court.
[2025:RJ-JD:28897] (3 of 3) [SOSA-1117/2025]
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 94-95-Rashi/-
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