Rajasthan High Court - Jodhpur
Pawan vs State Of Rajasthan ... on 7 November, 2025
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2025:RJ-JD:47926-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1630/2025
IN
D.B. Criminal Appeal No. 300/2025
Pawan S/o Shri Hari Prasad, Aged About 28 Years, Resident Of
Jedala PS Ghatol, District Banswara Raj
(Presently Lodged In Central Jail Udaipur)
----Applicant
Versus
State Of Rajasthan, Through PP
----Respondent
For Applicant (s) : Mr. Shambhoo Singh Rathore.
For Respondent(s) : Mr. C.S. Ojha, PP.
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
HON'BLE MR. JUSTICE BIPIN GUPTA
Order
07/11/2025
1. The present application has been filed by the applicant-
appellant under Section 430 of the Bhartiya Nagrik Suraksha
Sanhita, 2023 seeking suspension of sentence awarded to him by
the learned Sessions Judge, Banswara (hereinafter referred to as
'trial Court') vide judgment dated 11.08.2025 passed in Session
Case No.58/2021 whereby following sentences have been awarded
against the accused-applicant.
S.No Offence Sentence Fine
1. 302/34 Rigorous To pay a fine of Rs.50,000/-; in
IPC Imprisonment for default thereof to further
Life. undergo two years' rigorous
imprisonment.
2. Learned counsel for the applicant-appellant submits that the
applicant-appellant was on bail during the trial proceedings. He
submits that as per the testimony of PW.2 Thawar Chand who is
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the eye witness of the incident, a single fatal blow is assigned to
Rajmal. He submits that except the fact that the present
applicant-appellant was accompanying the principal accused there
is no other allegation levelled against the present applicant-
appellant.
Learned counsel further submits that the statement of PW.2
Thawar Chand corroborates with the post-mortem report stating
that there is no repetition of blow and only one injury has been
assigned to Rajmal. He, therefore, prays that the sentence in the
case of present applicant-appellant may be suspended during the
pendency of the present appeal.
3. Learned Public Prosecutor has opposed bail application.
4. We have considered the submissions made at the Bar and
have gone through the relevant record of the case.
5. In the considered opinion of this Court, there is no other
credible evidence available on record to connect the present
applicant-appellant with the offence alleged in the present case.
Thus, without commenting on the merit and de-merit of the case,
this Court deems it appropriate to suspend the sentence of the
appellant-applicant.
6. Accordingly, the application for suspension of sentence filed
by the applicant-appellant is hereby allowed. It is ordered that the
sentence passed by the learned Sessions Judge, Banswara vide
judgment dated 11.08.2025 in Session Case No.58/2021 against
the applicant - Pawan S/o Hari Prasad 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
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Rs.1,00,000/- each with two sureties of Rs.50,000/- each to the
satisfaction of the learned trial Judge for his appearance in this
Court on 08.12.2025 and whenever ordered to do so till the
disposal of the appeal on the conditions indicated below:-
(i) That he will appear before the trial Court in the month of
January of every year till the appeal is decided.
(ii) 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.
(iii) Similarly, if the sureties change their address, 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.
8. Needless to state that the observations made hereinabove in
relation to guilt or otherwise of the applicant is prima-facie opinion
considering the material to the extent necessary for the purpose
of consideration of instant application. None of the parties shall
rely upon the findings or observations made herein at the time of
arguing final hearing of the appeal.
(BIPIN GUPTA),J (VINIT KUMAR MATHUR),J
78-sumer/-
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