Chailu Singh vs State Of Rajasthan
2025 Latest Caselaw 10356 Raj

Citation : 2025 Latest Caselaw 10356 Raj
Judgement Date : 27 May, 2025

Rajasthan High Court - Jodhpur

Chailu Singh vs State Of Rajasthan on 27 May, 2025

Author: Farjand Ali

Bench: Farjand Ali

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
     S.B. Criminal Misc. Suspension of Sentence Application
                              No.1039/2025

                                       in

            S.B. Criminal Appeal (Sb) No. 1156/2025

1.     Chailu Singh S/o Mool Singh, Aged About 32 Years, R/o
       Gadhwala, P.s. Napasar, Dist. Bikaner.
2.     Shiv Dan Singh S/o Hari Singh, Aged About 50 Years, R/o
       Gadhwala, P.s. Napasar, Dist. Bikaner.
3.     Kishan Singh S/o Hari Singh, Aged About 55 Years, R/o
       Gadhwala, P.s. Napasar, Dist. Bikaner.
4.     Ashok Singh S/o Mool Singh, Aged About 35 Years, R/o
       Gadhwala, P.s. Napasar, Dist. Bikaner.
5.     Mool Singh S/o Hari Singh, Aged About 65 Years, R/o
       Near Karni Mata Mandir, Gadhwala, P.s. Napasar, Dist.
       Bikaner.
6.     Onkar Singh S/o Pabudan Singh, Aged About 40 Years,
       R/o Gadhwala, P.s. Napasar, Dist. Bikaner.
7.     Chotu Singh S/o Sultan Singh, Aged About 30 Years, R/o
       Gadhwala, P.s. Napasar, Dist. Bikaner.
8.     Karni Singh S/o Hari Singh, Aged About 48 Years, R/o
       Gadhwala, P.s. Napasar, Dist. Bikaner.
                                                                 ----Appellants
                                   Versus
State Of Rajasthan, Through Pp
                                                                ----Respondent


For Appellant(s)         :     Mr. Amit Gaur
For Respondent(s)        :     Mr. Surendra Bishnoi, AGA



            HON'BLE MR. JUSTICE FARJAND ALI

Order

27/05/2025

(2 of 4)

1. The instant application for suspension of sentence under

Section 430 of the BNSS has been moved on behalf of the

appellant-applicants in the matter of judgment of conviction and

order of sentence dated 19.05.2025 passed by the learned

Sessions Judge, Bikaner in Sessions Case No.57/2017 whereby

they have been convicted for the offences under Sections

308/143, 327/149, 325/149, 323/149 and 341 of the IPC and has

been awarded the maximum sentence of simple imprisonment of 3

years alongwith fine and default sentence.

2. It is contended by the learned counsel for the appellants that

the learned trial Judge has not appreciated the correct, legal and

factual aspects of the matter and thus, reached at an erroneous

conclusion of guilt, therefore, the same is required to be

appreciated again by this court being the first appellate Court. The

appellants have strong arguable case in his favour. Hearing of the

appeal is likely to take long time, therefore, the application for

suspension of sentence may be granted.

3. Per contra, learned public prosecutor has vehemently

opposed the prayer made by learned counsel for the accused-

applicants for releasing the appellant on application for suspension

of sentence.

4. Heard learned counsel for the parties and perused the

material available on record.

5. The maximum sentence awarded to the appellants is 3 years'

simple imprisonment. Learned counsel for the appellant has

pointed out number of discrepancies in the prosecution case.

Being the first appellate court, when the appeal has been

admitted, this court is duty bound to make a critical legal and

(3 of 4)

factual appreciation of the material brought on record. There is no

likelihood of hearing of the appeal on an early date. The

appellants were on bail during trial and they did not misuse the

liberty granted. Their sentence has already been suspended by the

learned trial court for a period of one month for enabling them to

prefer an appeal. Thus, considering the submissions advanced at

bar, grounds raised in the memo of appeal and looking to the

totality of facts and circumstances of the case, while refraining

from passing any comments on the niceties of the matter and the

defects of the prosecution as the same may put an adverse effect

on hearing of the appeal, this court is of the opinion that it is a fit

case for suspending the sentence awarded to the accused-

appellants.

6. Accordingly, the application for suspension of sentence filed

under Section 430 of the BNSS is allowed and it is ordered that

the sentence passed by learned trial court, details of which are

mentioned in opening para of this order, against the appellant-

applicants named above shall remain suspended till final disposal

of the aforesaid appeal and they shall be released on bail provided

each of them 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 25.06.2025

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.

(4 of 4)

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(s), they will give in writing their changed address to the trial Court.

7. 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

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.

(FARJAND ALI),J 149-Pramod/-