Rajasthan High Court - Jodhpur
Prem Chand vs State Of Rajasthan (2025:Rj-Jd:47030) on 1 November, 2025
[2025:RJ-JD:47030]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1935/2025
Prem Chand S/o Hajari Prajapat, Aged About 21 Years, ,
Resident Of Koshithal Police Station Gangapur District Bhilwara.
At Present Lodged In District Jail, Bhilwara
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Raghuveer Singh Chundawat
For Respondent(s) : Mr. Surendra Bishnoi, PP
HON'BLE MR. JUSTICE SANDEEP SHAH
Order
01/11/2025
1. Heard learned counsel for the appellant-applicant as well as
learned Public Prosecutor and perused the material available on
record.
2. Learned counsel for the appellant-applicant submits that the
appellant-applicant has been convicted for the offences punishable
under Section 333 read with Section 149 of IPC along with other
offences and the maximum punishment imposed is 4 years'
rigorous imprisonment. He further submits that identical
allegations were levelled against six other accused and similarly
situated co-accused Dinesh and Suresh have already been
extended the benefit of suspension of sentence by this Court vide
order dated 02.07.2025 passed in S.B. Criminal Misc. Suspension
of Sentence Application (Appeal) No.1105/2025 (Dinesh & Anr. v.
State). He further submits that appellant was on bail during the
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course of the trial. In these circumstances, he prays that the
sentence awarded to the appellant-applicant may be suspended
and he may be released on bail.
3. Per contra, learned Public Prosecutor opposes the application
for suspension of sentence, however, he is not in a position to
dispute the fact that similarly situated co-accused Dinesh and
Suresh have been extended the benefit of suspension of sentence
by this Court.
4. Upon consideration of the arguments advanced on behalf of
both the sides and having regard to the facts and circumstances of
the case as well as the record of the case, including the facts that
similarly situated co-accused Dinesh and Suresh have already
been extended the benefit of suspension of sentence by this Court
vide order dated 02.07.2025, the sentence imposed is rigorous
imprisonment for four years, appellant-applicant was on bail
during the course of trial and chances of hearing of appeal in near
future being bleak, this Court is of the opinion that it is a fit case
for suspending the sentence awarded to the accused appellant-
applicant.
5. Accordingly, the application for suspension of sentence filed
under Section 430 of BNSS is allowed and it is ordered that the
sentence passed by the learned Additional Sessions Judge,
Gangapur, District Bhilwara, Rajasthan, vide judgment dated
26.08.2025 in Session Case No.20/2015 (01/2013) against the
appellant-applicant Prem Chand S/o Hajari Prajapat 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
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the satisfaction of the learned trial Judge for his appearance in this
court on 01.12.2025 and whenever ordered to do so till the
disposal of the appeal on the conditions indicated below:-
1. That he/she/they will appear before the trial
Court in the month of January of every year till the
appeal is decided.
2. That if the applicant(s) changes the place of
residence, he/she/they will give in writing
his/her/their 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.
6. The learned trial Court shall keep the record of attendance of
the accused-applicant(s) in a separate file. Such file be registered
as Criminal Misc. Case related to original case in which the
accused-applicant(s) was/were 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(s) does not appear before the trial
court, the learned trial Judge shall report the matter to the High
Court for cancellation of bail.
(SANDEEP SHAH),J
265-Love/-
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