Rajasthan High Court - Jodhpur
Bhanwar Lal vs State Of Rajasthan (2025:Rj-Jd:27307) on 17 June, 2025
[2025:RJ-JD:27307]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension of Sentence Application No.
961/2025
In
S.B. Criminal Appeal No.1036/2025
(1) Bhanwar Lal S/o Bhagwana Ram, aged about 49 Years,
(2) Karana Ram S/o Bhagwana Ram, aged about 39 years,
(3) Roopa Ram S/o Bhagwana Ram, aged about 37 years,
(4) Purna Ram S/o Boga Ram, aged about 64 years,
(5) Vijaypal S/o Purna Ram, aged about 37 years,
All resident of Kuchour Athuni, Ps Nokha, Dist. Bikaner. (Lodged
In Central Jail, Bikaner)
----Petitioners
Versus
State Of Rajasthan, through PP
----Respondent
For Petitioner(s) : Mr. J.S. Choudhary, Sr. Adv. assisted
by Mr. Praeep Choudhary
For Respondent(s) : Mr. Hanuman Prajapati, PP
HON'BLE MR. JUSTICE CHANDRA PRAKASH SHRIMALI
(VACATION JUDGE)
Order
17/06/2025
This suspension of sentence application under Section 389
Cr.P.C (under Section 430 BNSS) has been filed against the
judgment of conviction and sentence dated 14.05.2025 passed by
the learned Additional Sessions Judge, Nokha, District Bikaner,
Bhilwara in Sessions Case No.193/2022(140/2016) (State of
Rajasthan Vs. Bhanwar Lal & Ors.).
Learned counsel for the appellant submits that the appellants
were on bail during the trial and hearing of the appeal is likely to
[2025:RJ-JD:27307] (2 of 3) [SOSA-961/2025]
take a long time. Therefore, the sentence awarded to the
appellant may be suspended.
Per contra, learned Public Prosecutor has vehemently
opposed the prayer of the appellant.
Having regard to the facts and circumstances of the case so
also the facts that the appeal preferred by the appellant against
the impugned judgment is not likely to be heard in near future, I
consider it just and proper to suspend the sentence awarded to
the accused appellants.
Accordingly, this application for suspension of sentence
under Sec.389 Cr.P.C. (under Section 430 BNSS) is allowed and it
is ordered that the sentence passed by the learned Additional
Sessions Judge, Nokha, District Bikaner, vide judgment dated
14.05.2025 in Sessions Case No.193/2022 against accused-
appellants (1) Bhanwar Lal S/o Bhagwana Ram, (2) Karana
Ram S/o Bhagwana Ram, (3) Roopa Ram S/o Bhagwana
Ram, (4) Purna Ram S/o Boga Ram, (5) Vijaypal S/o Purna
Ram, shall remain suspended till final disposal of the aforesaid
appeal subject to depositing 100% of the fine amount. The
appellant shall be released on bail provided they 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 18.07.2025 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 appellants changes the place of
residence, he will give in writing his changed
[2025:RJ-JD:27307] (3 of 3) [SOSA-961/2025]
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.
4. The appellant shall deposit 100% of fine amount
as imposed by the trial court.
The learned trial Court shall keep the record of attendance of
the accused-appellants in a separate file. Such file be registered
as Criminal Misc. Case related to original case in which the
accused-appellants 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-appellant does not appear before the trial court, the
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(CHANDRA PRAKASH SHRIMALI),VJ
211-Hanuman/-
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