Rajasthan High Court - Jodhpur
Bhupendra @ Malik vs State Of Rajasthan on 15 May, 2025
Author: Farjand Ali
Bench: Farjand Ali
[2025:RJ-JD:23746]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODH-
PUR
S.B. Criminal Misc Suspension of Sentence Application
No.936/2025
IN
S.B. Criminal Appeal (Sb) No. 989/2025
Bhupendra @ Malik S/o Singara Singh, Aged About 22 Years,
Resident Of Gali No. 09, Suryanagar, Police Station Hissar
District Hissar (Haryana). (At Present Lodged In District Jail,
Churu)
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Rakesh Matoria
For Respondent(s) : Mr. Shrawan Singh Rathore, P.P.
HON'BLE MR. JUSTICE FARJAND ALI
Order
15/05/2025
1. The instant application for suspension of sentence has been
moved on behalf of the applicant in the matter of judgment
dated 12.05.2025 passed by the learned Child Court
(Sessions Judge), Churu in Sessions Case No.119/2020
whereby he was convicted and sentenced to suffer maximum
imprisonment of 10 years' R.I. and fine of Rs.2,000/- in
default of payment of fine further to undergo 2 years S.I.
under Section 307/149 of IPC and lesser punishment for the
other offences under Sections 455, 342, 395/149 & 323/149
of IPC & Section 27 of the Arms Act.
2. It is contended on behalf of the applicant 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. At the relevant point of time
[2025:RJ-JD:23746] (2 of 3)
when the incident took place, the petitioner was a juvenile.
The fact of his being the member of the team, who in
furtherance of their common object committed an offence of
dacoity and attempt to kill is required to be examined again
by this Court; 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 on behalf of the accused-applicant
for releasing the appellant on application for suspension of
sentence.
4. Heard and perused the material available on record.
5. Considering the submissions of learned counsel for the parties
and looking to the totality of facts and circumstances of the
case, more particularly the fact that the hearing of appeal is
likely to take further more time and considering the overall
submissions 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-applicant.
6. Accordingly, the application for suspension of sentence filed
under Section 430 B.N.S.S. is allowed and it is ordered that
the sentence passed by learned trial Court, the details of
which are provided in the first para of this order, against the
appellant-applicant named above shall remain suspended till
final disposal of the aforesaid appeal and he shall be released
[2025:RJ-JD:23746] (3 of 3)
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 08.07.2025 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
addresses, 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
104-AnilKC/-
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