Rajasthan High Court - Jodhpur
Chhaganlal vs State Of Rajasthan ... on 10 November, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:48052-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 844/2025
Chhaganlal S/o Shri Gauwaji Kharadi, Aged About 45 Years,
Banswari Fala Gawadi, P.S. Jhadol, District Udaipur, Raj.
(Presently Lodged In Central Jail Udaipur)
----Petitioner
Versus
State Of Rajasthan, Pp
----Respondent
For Petitioner(s) : Mr. Love Jain
For Respondent(s) : Mr. Rajesh Bhati, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
HON'BLE MRS. JUSTICE SANGEETA SHARMA
Order
10/11/2025
1. The appellant-applicant herein has been convicted and
sentenced as below vide judgment dated 10.02.2025 passed by
the learned Additional Sessions Judge No.2, District Udiapur in
Sessions Case No.363/2021 :
Offence Sentence Fine Sentence in
default of fine
Section 302 IPC Life Rs.25,000/- 6 months'S.I.
Imprisonment
2. The appellant-applicant has preferred the application for
suspension of sentence under Section 430 B.N.S.S./389 Cr.P.C. for
suspension of sentence during the pendency of the appeal and for
release on bail.
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3. The only plea raised by learned counsel for the appellant-
applicant is that the two so-called eye witnesses namely Devi Lal
and Kailash appeared before the trial Court as PW-2 and PW-3,
respectively, and both of them have testified as hostile witnesses.
Learned counsel further submits that the appellant was on bail
during trial and hearing of the appeal will take time, thus, the
sentence of the applicant be suspended and he be enlarged on
bail.
4. Learned Public Prosecutor opposed the application for
suspension of sentence with the submission that as the appellant-
applicant has 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 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 appellant-
applicant was on bail during the trial. Except for the fact that the
appellant-applicant was involved in offence leading to his
conviction for life, nothing has been brought on record by way of
extenuating circumstances for denial of suspension of sentence.
8. Consequently, without making any observations on merits of
the case, we are inclined to suspend the substantive sentence of
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the appellant-applicant-namely, Chhaganlal S/o Shri Gauwaji
Kharadi, 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 No.2, District Udiapur, in Sessions Case
No.363/2021 against the appellant-applicant - Chhaganlal S/o
Shri Gauwaji Kharadi, shall remain suspended till final disposal
of the aforesaid appeal, 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 learned trial Judge for his appearance in this
court on 12.12.2025 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 change 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 address(s)
they will give in writing their changed address to
the trial court.
10. 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 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
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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
39-amit/-
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