Rajasthan High Court - Jodhpur
Pintu @ Sunil Vaishnav vs State Of Rajasthan on 5 May, 2025
Author: Farjand Ali
Bench: Farjand Ali
[2025:RJ-JD:21411]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Stay (Suspension of Sentence) Application
No.788/2025
IN
S.B. Criminal Appeal (Sb) No. 856/2025
Pintu @ Sunil Vaishnav S/o Shri Dewaldas, Aged About 26 Years,
R/o Jajiwal Kalan, Police Station Dangiyawas, Presently Rasala
Road, Shekhawatji Ka Talab, Near Balaji Temple, Jodhpur,
Rajasthan. Police Station Ratanada, Jodhpur. (At Present Lodged
At Central Jail Jodhpur)
----Appellant
Versus
State Of Rajasthan, Through Pp, Rajasthan High Court, Jodhpur.
----Respondent
For Appellant(s) : Mr. Rajat Chhaparwal
Mr. B.R. Bishnoi
For Respondent(s) : Mr. S.S. Rathore, Dy.G.A.
HON'BLE MR. JUSTICE FARJAND ALI
Order
05/05/2025
1. The instant application for suspension of sentence has been
moved on behalf of the applicant in the matter of judgment
dated 23.04.2025 passed by the learned Sessions Judge,
Jodhpur District in Sessions Case No.26/2012 (226/2014)
whereby he was convicted and sentenced to suffer maximum
imprisonment of 10 years' R.I. under Section 395 of IPC and
lesser punishment for the other offences under Sections 398,
394, 399, 402 & 455/120B of IPC.
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. Hearing of the appeal is
[2025:RJ-JD:21411] (2 of 3)
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. Strong circumstances are suggesting that the prosecution has
miserably failed to substantiate the charge against the
accused-appellant of making an attempt to commit robbery.
The appeal has been admitted and all legal and factual aspect
shall be discussed thread barely again.
6. Considering the submissions of learned counsel for the parties
and looking to the totality of facts and circumstances of the
case, more particularly the facts/fact that and 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.
7. Accordingly, the application for suspension of sentence filed
under Section 389 Cr.P.C. 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
[2025:RJ-JD:21411] (3 of 3)
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 05.06.2025 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.
(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.
8. 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
8-Samvedana/-
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