Rajasthan High Court - Jodhpur
Bharat @ Bhartesh @ Dinesh vs State Of Rajasthan ... on 11 November, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:48368-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 271/2025
IN
D.B. Criminal Appeal No.61/2025
(1) Bharat @ Bhartesh @ Dinesh S/o Kalulal, Aged About 30
Years
(2) Anil Rawal S/o Shankarlal Rawal, aged about 37 years,
(3) Bhimdas Vaishnav S/o Kilash Das Bairagi, aged about 33
years,
(4) Bherulal S/o Mohanlal Khatik, aged about 31 years,
(All are resident of Lasdawan, Police station Sadar Nimbahera,
Distt. Chittorgarh.
(At Present Lodged In Dist. Jail, Chittorgarh)
----Petitioners
Versus
State Of Rajasthan, through Public Prosecutor
----Respondent
For Petitioner(s) : Mr. Zeeshan Ali
with Mr. Aslam Khan
For Respondent(s) : Mr. C. S. Ojha, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
HON'BLE MRS. JUSTICE SANGEETA SHARMA
Order
11/11/2025
Heard learned counsel for the parties on the application for
suspension of sentence.
The instant application for suspension of sentence has been
preferred by the appellants-applicants, who have been convicted
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and sentenced by the learned Additional Sessions Judge Beghu,
District Chittorgarh, vide judgment dated 10.12.2024 in Sessions
Case No.26/2021. The appellants-applicants have been sentenced
as under:-
Offence U/s Sentence Fine Sentence in
default of
payment of fine
395 IPC Life Rs.50,000/- Three Years
Imprisonment S.I.
368 IPC Five Years' S.I. Rs.2,000/- Two Years' S.I.
365 IPC Five Years' S.I. Rs.2,000/- Two Years' S.I.
120-B IPC Three Years S.I. Rs.1,000/- Three Months'
S.I.
323 IPC One Years S.I. Rs.1,000/- Three Months'
S.I.
342 IPC One Years S.I. Rs.1,000/- Three Months'
S.I.
Learned counsel for the appellants-applicants submits that
the appellants were on bail during the trial and hearing of the
appeal will take sufficient long time. It is, thus, prayed that the
sentence awarded to the appellants-applicants by the trial court
may be suspended.
Per contra, learned Public Prosecutor has vehemently
opposed the application for suspension of sentence.
Having heard learned counsel for the parties; after carefully
scrutinizing the record of the case and taking into consideration
that the appellant was on bail during the trial, this Court is
inclined to suspend the sentence awarded to the appellant-
applicant by the trial court vide judgment impugned.
Accordingly, this application for suspension of sentence filed
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under Section 430 BNSS is allowed and it is ordered that the
substantive sentence passed by the learned Additional Sessions
Judge, Beghu, District Chittorgarh, in Sessions Case No.26/2021
against appellants-applicants namely (1) Bharat @ Bhartesh @
Dinesh S/o Kalulal, (2) Anil Rawal S/o Shankarlal Rawal,
(3) Bhimdas Vaishnav S/o Kilash Das Bairagi and (4)
Bherulal S/o Mohanlal Khatik, shall remain suspended till final
disposal of the aforesaid appeal provided they execute a personal
bond in the sum of Rs.50,000/- each with two sureties of
Rs.25,000/- each to the satisfaction of the learned trial Judge for
their appearance in this Court on 15.12.2025 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 appellants 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,
they will give in writing their changed address to
the trial Court.
The learned trial Court shall keep the record of attendance of
the accused-appellants in a separate file. Such file be registered
as Criminal Misc. Case related to original case in which the
accused-appellant 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-appellants do not appear before the trial court, the
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learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(SANGEETA SHARMA),J (MANOJ KUMAR GARG),J
34-Arun/-
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