Rajasthan High Court - Jodhpur
Balwant vs State Of Rajasthan (2025:Rj-Jd:23258) on 14 May, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:23258]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 240/2025
Balwant S/o Narayanlal, Aged About 31 Years, Resident Of
Shambhupura, Buriya Ka Kheda, Police Station Kapasan, District
Chittorgarh. (Lodged In Central Jail, Udaipur)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Bhagirath Ray Bishnoi
For Respondent(s) : Mr. Deepak Choudhary, GA-cum-AAG
Mr. K.S. Kumpawat, AAAG
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
14/05/2025
Heard learned counsel for the appellant and learned
Additional Advocate General. Perused the material available on
record.
Learned counsel for the appellant submits that the accused-
appellant was on bail during the trial and now he has been inside
judicial custody for more than six years and five months. Further,
counsel submits that co-accused Narayan had passed away and
hearing of the appeal is likely to take time, therefore his sentence
may be suspended.
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 fact that the appellant was on bail during
the trial and hearing of the appeal will likely take time, this court
[2025:RJ-JD:23258] (2 of 3) [SOSA-240/2025]
is of the opinion that it is a fit case for suspending the sentence
awarded to the accused appellant.
Learned Additional Advocate General has opposed the prayer
made by the counsel for the appellant.
Accordingly, the application for suspension of sentence filed
under Section 430 BNSS (389 of Cr.P.C.) is allowed and it is
ordered that the sentence passed by learned Special Judge,
Protection of Children from Sexual Offences Act, 2012,
Chittorgarh, vide judgment dated 11.06.2019 in Session Case
No.06/2018 (74/2016) against the appellant-applicant- Balwant
S/o Narayanlal, 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.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 23.07.2025 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.
[2025:RJ-JD:23258] (3 of 3) [SOSA-240/2025]
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.
(MANOJ KUMAR GARG),J
65-GKaviya/-
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