Mahadev vs State Of Rajasthan (2025:Rj-Jd:28877)
2025 Latest Caselaw 1867 Raj

Rajasthan High Court - Jodhpur

Mahadev vs State Of Rajasthan (2025:Rj-Jd:28877) on 4 July, 2025

Author: Manoj Kumar Garg

Bench: Manoj Kumar Garg

[2025:RJ-JD:28877]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR

 S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
                         No. 1060/2025

Mahadev S/o Nana Gurjar, Aged About 40 Years, R/o Ruppura,
Police Station Phuliya Kalan, Dist. Bhilwara. (Presently Confined
In Central Jail, Ajmer)

                                                                   ----Petitioner

                                    Versus

State Of Rajasthan, Through PP

                                                                 ----Respondent


For Petitioner(s)         :     Mr. Jagatveer Singh Deora
For Respondent(s)         :     Mr. Shravan Singh Rathore, PP



          HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment

04/07/2025

Heard learned counsel for the parties and perused the

material available on record.

Learned counsel for the appellant submits that there is no

evidence against the appellant for abetment to commit suicide.

Counsel further submits that the appellant was on bail during the

trial and hearing of the appeal will take sufficiently long time,

therefore, the sentence of the appellant may be suspended.

Learned Public Prosecutor opposed the prayer for suspension

of sentence.

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,

[2025:RJ-JD:28877] (2 of 3) [SOSA-1060/2025]

therefore, this court is of the opinion that it is a fit case for

suspending the substantive sentence 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 passed by learned Additional Session Judge (Women

Atrocities Cases), District Bhilwara vide judgment dated

17.05.2025 in Session Case No.48/2017 against the appellant-

applicant - Mahadev S/o Nana Gurjar shall remain 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 05.08.2025 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

[2025:RJ-JD:28877] (3 of 3) [SOSA-1060/2025]

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 118-mSingh/-

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