Rajasthan High Court - Jodhpur
Jaivardhan Singh vs State Of Rajasthan ... on 11 November, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:48319-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 958/2025
IN
D.B. Criminal Appeal No.177/2025
Jaivardhan Singh S/o Shri Ramesh Singh Shaktawat, aged About
28 Years, R/o House Number 32 In Front Of Jyotiba Phule
College Road Number 01, Madari Police Station Pratap Nagar
Udaipur Rajasthan (At Present Lodged In Central Jail Udaipur)
----Petitioner
Versus
State Of Rajasthan, through Public Prosecutor
----Respondent
Connected With
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1075/2025
IN
D.B. Criminal Appeal No.92/2025
1. Tapan Das S/o Late Man Mohan Das, Aged About 55 Years,
Resident Of Badharghat Shri Pulli Nagpada, Police Station
Amtuli, Agartalla West Tripura, At Present House No 06,
Fataseal, Saraswati Nagar, Asam, Near Electricty Board,
Police Station Bharalumukh, District Kamroop Metro, Asam.
(At Present Lodged In Central Jail, Udaipur)
2. Rupa Das W/o Uttam Das, Aged About 46 Years, Resident
Of 76 Badharghat Shri Pulli Nagpada, Police Station Amtuli,
Agartalla West Tripura, (At Present Lodged In Central Jail,
Udaipur)
3. Rakesh Lohar S/o Dal Chand Lohar, Aged About 29 Years,
Resident Of Loharo Ka Mohalla , Khemli, P.s. Dabok, Dist
Udaipur
----Petitioners
Versus
State Of Rajasthan, Through Pp
----Respondent
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[2025:RJ-JD:48319-DB] (2 of 5) [SOSA-958/2025]
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1704/2025
IN
D.B. Criminal Appeal NO.262/2025
Surendra Lohar S/o Late Shri Ganesh Lal Lohar, Aged About 33
Years, Resident Of House No. 619, Road No 2 ,purohtan Ki
Madadi, Police Station Pratapnagar, District Udaipur. (At Present
Lodged In Central Jail Udaipur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1728/2025
IN
D.B. Criminal Appeal NO.122/2025
Ajay Yadav S/o Shankarlal, Aged About 31 Years, R/o Kala
Bhata, Near Hanuman Mandir, Presently Rented In The Street Of
Oppo Mobile Wali Gali, Police Station Pratapnagar, District
Udaipur (Raj.). (Presently Lodged In Dist. Jail Udaipur)
----Petitioner
Versus
1. State Of Rajasthan, Through Public Prosecutor.
2. Gangaram S/o Harji Dangi, R/o Lakadwas, Police Station
Pratap Nagar, District Udaipur
----Respondents
For Petitioner(s) : Mr. Deepak Menaria
Mr. JVS Deora
Mr. Abhishek Charan
Mr. Love Jain
For Respondent(s) : Mr. Rajesh Bhati, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
HON'BLE MRS. JUSTICE SANGEETA SHARMA
Order
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Heard learned counsel for the parties on the applications for
suspension of sentence.
The instant applications for suspension of sentence have
been preferred by the appellants-applicants, who have been
convicted and sentenced by the learned Special Judge, Scheduled
Caste & Scheduled Tribes (Prevention of Atrocities Cases),
Udaipur, vide judgment dated 03.02.2025 in Session Case
No.37/2021 (CIS No.37/2021). The appellants-applicants have
been sentenced as under:-
Offence U/s Sentence Fine Sentence in
default of
payment of fine
302/120-B IPC Life Rs.50,000/- Six months'
Imprisonment R.I.
364 IPC Life Rs.50,000/- Six months'
Imprisonment R.I.
120-B IPC Life Rs.50,000/- Six months'
Imprisonment R.I.
201/120-B IPC 7 Years R.I. Rs.20,000/- Three Months
R.I.
118 IPC 7 Years R.I. Rs.20,000/- Three months'
R.I.
3(2)(v)(va) Life Rs.50,000/- Six Months' R.I.
SC/ST Act Imprisonment
Learned counsel for the appellants-applicants have submitted
that the appellants were on bail during the trial and there is no
evidence against the appellants-applicants, which connect the
present appellants-applicants with this incident and hearing of the
appeals will take sufficient long time. It is, thus, prayed that the
sentence awarded to the appellants-applicants by the trial court
may be suspended and they may be released on bail.
Per contra, learned Public Prosecutor has vehemently
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opposed the applications 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 appellants were on bail during the trial, this Court is
inclined to suspend the sentence awarded to the appellants-
applicants by the trial court vide judgment impugned.
Accordingly, the applications for suspension of sentence filed
under Section 430(2) BNSS are allowed and it is ordered that the
substantive sentence passed by the learned Special Judge,
Scheduled Castes & Scheduled Tribes (Prevention of Atrocities
Cases) Udaipur, in Session Case No.37/2021 (CIS No.37/2021)
against appellants-applicants namely (1) Jaivardhan Singh S/o
Shri Ramesh Singh Shaktawat, (2) Tapan Das S/o Late Man
Mohan Das, (3) Rupa Das W/o Uttam Das, (4) Rakesh
Lohar S/o Dal Chand Lohar, (5) Surendra Lohar S/o Late
Shri Ganesh Lal Lohar, (6) Ajay Yadav S/o Shankarlal, shall
remain suspended till final disposal of the aforesaid appeals
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,
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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
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(SANGEETA SHARMA),J (MANOJ KUMAR GARG),J
37 to 40-Arun/-
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