Rajasthan High Court - Jodhpur
Devendra vs State Of Rajasthan ... on 11 November, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:48344-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 2076/2025
Devendra S/o Prem Chand, Aged About 34 Years, R/o Jhajhar
Police Station Kakod Dist. Bulandshar (U.p.) (Presently Lodged
In Central Jail Udaipur)
----Petitioner
Versus
State Of Rajasthan, Through Pp.
----Respondent
For Petitioner(s) : Mr. JVS Deora
For Respondent(s) : Mr. S.S. Rathore, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
HON'BLE MRS. JUSTICE SANGEETA SHARMA
Order
11/11/2025
1. The appellant-applicant herein has been convicted and
sentenced as below vide judgment dated 23.08.2024 passed by
the learned Additional Sessions Judge, Kapasan, District
Chittorgarh in Sessions Case No.31/2023 :
Offence Sentence Fine & Sentence in default
of fine
Section 302 IPC Life Rs.25,000/- and in default of
Imprisonment payment of fine 3 months' S.I.
Section 397 IPC 10 years' R.I. Rs.10,000/- and in default of
payment of fine 3 months' S.I.
Section 460 IPC 10 years' R.I. Rs.10,000/- and in default of
payment of fine 3 months' S.I.
Section 120-B IPC Life Rs.25,000/- and in default of
Imprisonment payment of fine 3 months' S.I.
2. The appellant-applicant has preferred the application for
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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.
3. The only plea raised by learned counsel for the appellant-
applicant was on bail during trial and the sentence of similar
situated co-accused Kishan Lal has already been suspended by
this Court and there is no chance of hearing of the appeal in near
future, 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 offender 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 appellant-
applicant was on bail during the trial and apparently, there are no
chances of hearing of the present appeal in near future. 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
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suspension of sentence.
8. Consequently, without making any observations on merits of
the case, we are inclined to suspend the substantive sentence of
the appellant-applicant, namely, Devendra S/o Prem Chand,
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, Kapasan, District Chittorgarh vide order
dated 23.08.2024 in Sessions Case No.31/2023 against the
appellant-applicant, namely, Devendra S/o Prem Chand 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 11.12.2025 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 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.
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
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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-applicant 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
50-Rashi/-
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