Rajasthan High Court - Jodhpur
Surendra Alias Sunil Kumar vs State Of Rajasthan ... on 11 November, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:48327-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1705/2025
In
D.B. Criminal Appeal No.313/2025
Surendra @ Sunil Kumar S/o Shri Rana Ram, Aged About 30
Years, R/o Bhainsada, Police Station Sankada, District Jaisalmer.
(At Present Lodged In Central Jail Jodhpur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. L.D.Khatri
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
1. The appellant-applicant herein has been convicted and
sentenced as below vide judgment dated 27.08.2025 passed by
the learned Additional Sessions Judge, Pokaran, District Jaisalmer
in Sessions Case No.24/2018 (CIS No.24/2018) :
Offence Sentence Fine Sentence in
default of
fine
Section 498-A IPC 3 years Rs.1,00,000/- 1 year's S.I.
Rigorous
Imprisonment
Section 306 IPC 10 Years' R.I. Rs.2,00,000/- 2 years S.I.
Section 304-B IPC Rigorous Life --- ---
imprisonment
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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.
3. The sole plea raised by learned counsel for the appellant-
applicant is that the appellant was on bail during trial and on the
day of incident, the applicant-appellant was not present at his
house when his wife committed suicide. Given that the hearing of
the appeal is likely to be protracted, 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.
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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 appellant-applicant - Surendra @ Sunil Kumar S/o Shri Rana
Ram, 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, Pokaran, District Jaisalmer in Sessions
Case No.24/2018 (CIS No.24/2018) against the appellant-
applicant - Surendra @ Sunil Kumar S/o Shri Rana Ram, 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
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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
44-amit/-
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