Rajasthan High Court - Jodhpur
Kailash vs State Of Rajasthan ... on 12 March, 2025
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
[2025:RJ-JD:13886-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc 3rd Suspension Of Sentence Application
(Appeal) No. 57/2025
Kailash S/o Bhanwaru @ Bhanwar Lal, Aged About 29 Years, R/o
Mundawali Falla, Chopar Khera , P.S. Jhadol, Dist Udaipur (Raj).
(Presently Confined In Central Jail Jodhpur)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Vijendra Kumar for Mr. J.V.S.
Deora
For Respondent(s) : Mr. Rajesh Bhati, Public Prosecutor
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
HON'BLE MR. JUSTICE CHANDRA PRAKASH SHRIMALI
Order
12/03/2025
1. The present 3rd application seeking suspension of sentence
has been preferred on behalf of the applicant-appellant - Kailash
under Section 430 of the BNSS against the judgment and order
dated 18.09.2018, passed by the learned Additional Sessions
Judge, No.5, Udaipur in Sessions Case No.15/2016, whereby the
applicant-appellant was convicted and sentenced for the offence
under Section 302/34 IPC.
2. Learned counsel for the applicant-appellant has pointed out
that sentence of the applicant-appellant - Kailash was suspended
vide order dated 19.01.2021, passed by this Court in D.B. Criminal
Misc. 2nd Suspension of Sentence Application (Appeal)
No.70/2020. Learned counsel submits that in compliance of the
aforesaid order, the applicant-appellant could not appear before
the learned Trial Court and, therefore, the bail bonds furnished by
[2025:RJ-JD:13886-DB] (2 of 2) [SOSA-57/2025]
the appellant were forfeited and the proceedings were initiated
against him for violation of the condition of the order dated
19.01.2021 and the applicant-appellant was taken into custody on
07.03.2024. The applicant-appellant is in custody since then.
3. Learned counsel for the applicant-appellant assured this
Court that in future the applicant-appellant shall abide by the
conditions of the order dated 19.01.2021 by regularly appearing in
the Court.
4. For the reasons mentioned in the earlier application seeking
suspension of sentence and on the assurance given by the learned
counsel for the applicant-appellant, the present 3 rd application for
suspension of sentence is allowed and the sentences passed by
the learned Additional Sessions Judge No.5, Udaipur vide
judgment dated 18.09.2018, passed in Sessions Case No.15/2016
against the appellant-applicant Kailash S/o Bhanwaru @ Bhanwar
Lal shall remain suspended till final disposal of the aforesaid
appeal and he shall be released on bail, provided he executes a
personal bond in the sum of Rs.50,000/- with two sureties of
Rs.25,000/- each to the satisfaction of the learned trial Judge for
his appearance in this court on 15.04.2025 and whenever
ordered to do so till the disposal of the appeal.
5. The rest of the conditions of the order dated 19.01.2021
shall remain the same for the future, which shall include the
appearance before the trial Court regularly.
(CHANDRA PRAKASH SHRIMALI),J (DR.PUSHPENDRA SINGH BHATI),J
212-Ramesh Goyal, P.S./-
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