Rajasthan High Court - Jodhpur
Manoharlal Mogya vs State Of Rajasthan ... on 10 November, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:48039-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1138/2024
1. Manoharlal Mogya S/o Shri Devilal, Aged About 33 Years,
R/o Pindari, P.s. Nikumb, Dist. Chittorgarh. (Raj.) (Presently
Lodged In Central Jail, Udaipur)
2. Dhanraj @ Dhanna Mogya S/o Shri Devilal, Aged About 31
Years, R/o Pindari, P.s. Nikumb, Dist. Chittorgarh. (Raj.)
(Presently Lodged In Central Jail, Udaipur)
----Petitioners
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Bharat Singh Rathore
For Respondent(s) : Mr. C.S. Ojha, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
HON'BLE MRS. JUSTICE SANGEETA SHARMA
Order
10/11/2025
1. The appellants-applicants herein have been convicted and
sentenced as below vide judgment dated 25.07.2023 passed by
the learned Additional Sessions Judge No.1, Nimbahera, District
Chittorgarh in Sessions Case No.47/2016 :
Offence Sentence Fine Sentence in
default of fine
Section 302/34 IPC Life Rs.1,000/- 1 month's R.I.
Imprisonment
Section 325/34 IPC 2 Years' R.I. Rs.1,000/- 1 month's R.I.
2. The appellants-applicants have preferred the application for
suspension of sentence under Section 430 B.N.S.S./389 Cr.P.C. for
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suspension of sentence during the pendency of the appeal and for
release on bail.
3. The only plea raised by learned counsel for the appellants-
applicants is that both the appellants-applicants are in judicial
custody since 26.06.2016 and there is no chance of hearing of the
appeal in near future, thus, the sentence of the applicants be
suspended and they be enlarged on bail.
4. Learned Public Prosecutor opposed the application for
suspension of sentence with the submission that as the
appellants-applicants have committed heinous offence, suspension
of sentence of such offenders would send adverse message in the
society.
5. We have considered the submissions made by learned
counsel for the parties and have perused the material available on
record.
6. Looking to the fact that criminal appeals pertaining to year
2008 also are pending for hearing, there is no likelihood of hearing
of the present appeal in near future.
7. In the present case as observed herein-before, the
appellants-applicants are in judicial custody since 26.06.2016 and
apparently, there are no chances of hearing of the present appeal
in near future. Except for the fact that the appellants-applicants
were involved in offence leading to their conviction for life, nothing
has been brought on record by way of extenuating circumstances
for denial of suspension of sentence.
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8. Consequently, without making any observations on merits of
the case, we are inclined to suspend the substantive sentence of
the appellants-applicants, namely, Manoharlal Mogya S/o Shri
Devilal and Dhanraj @ Dhanna Mogya S/o Shri Devilal, during the
pendency of the appeal.
9. Accordingly, the instant application for suspension of
sentence filed under Section 430 B.N.S.S./389 Cr.P.C. is allowed
and it is ordered that substantive sentence passed by the learned
Additional Sessions Judge, Nimbahera, Chittorgarh vide judgment
dated 25.07.2023 in Sessions Case No.47/2016 against the
appellants-applicants, namely, (1) Manoharlal Mogya S/o Shri
Devilal and (2) Dhanraj @ Dhanna Mogya S/o Shri Devilal
shall remain suspended till final disposal of the aforesaid appeal,
provided each of them executes a personal bond in the sum of
Rs.50,000/- with two sureties of Rs.25,000/- each to the
satisfaction of learned trial Judge for their appearance in this court
on 10.11.2025 and whenever ordered to do so till the disposal of
the appeal on the conditions indicated below:
1. That they will appear before the trial court in
the month of January of every year till the appeal
is decided.
2. That if the applicantd changes the place of
residence, they 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(s)
they will give in writing their changed address to
the trial court.
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10. The learned trial court shall keep the record of attendance of
the accused-applicants in a separate file. Such file be registered as
Criminal Misc. Case relating 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 been taken into account for statistical purpose relating to
pendency and disposal of the cases in the trial court. In case, the
said accused-applicants do not appear before the trial court,
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(SANGEETA SHARMA),J (MANOJ KUMAR GARG),J
35-Rashi/-
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