Rajasthan High Court - Jodhpur
Nidesh @ Narendra Kumar vs State Of Rajasthan ... on 12 November, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:48522-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1371/2024
Nidesh @ Narendra Kumar, S/o Gautam Lal Patel, Aged About 26
Years, R/o Nichla Thuriya Thana Bavalvada, District Udaipur. (At
Present Lodged In Central Jail, Udaipur)
----Petitioner
Versus
1. State Of Rajasthan, Through PP.
2. Hakra S/o Soma Ji Damore, R/o Vagdari Upla Phala Thana
Sadar, Dungarpur, Rajasthan.
----Respondent
For Petitioner(s) : Mr. Jitendra Ojha
For Respondent(s) : Mr. C.S. Ojha, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
HON'BLE MRS. JUSTICE SANGEETA SHARMA
Order
12/11/2025
Heard learned counsel for the parties on the second
application for suspension of sentence.
The First application for suspension of sentence was
dismissed as not pressed by this Court vide order dated
04.09.2023.
The instant application for suspension of sentence has been
preferred by the appellant-applicant, who has been convicted and
sentenced by the learned Special Judge, SC/ST (Prevention of
Atrocities) Act Cases, Udaipur, vide judgment dated 14.07.2022 in
Special Sessions Case No.09/2019 (CIS No.12/2019). The
appellant-applicant has been sentenced as under:-
(Uploaded on 12/11/2025 at 03:14:03 PM)
[2025:RJ-JD:48522-DB] (2 of 3) [SOSA-1371/2024]
Offence U/s Sentence Fine Sentence in
default of
payment of
fine
302 IPC Life Rs.5,000/- One month's
Imprisonment S.I.
324 IPC 3 Years' SI Rs.2,000/- 10 days' S.I.
3(2)(V) SC/ST Life Rs.5,000/- One month's
Act Imprisonment S.I.
Learned counsel for the appellant-applicant has submitted
that most of the material witnesses have turned hostile and the
appellant has been in judicial custody since 13.11.2018. and
hearing of the appeal will take sufficient long time. It is, thus,
prayed that the sentence awarded to the appellant-applicant 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 has been in custody since long, 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
under Section 430 BNSS is allowed and it is ordered that the
substantive sentence passed by the learned Special Judge SC/ST
(Prevention of Atrocities) Act Cases Udaipur in Special Sessions
Case No.09/2019 against appellant-applicant Nidesh @
Narendra Kumar S/o Gautam Lal Patel, 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
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[2025:RJ-JD:48522-DB] (3 of 3) [SOSA-1371/2024]
sureties of Rs.25,000/- each to the satisfaction of the learned trial
Judge for his 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 he will appear before the trial Court in the
month of January of every year till the appeal is
decided.
2. That if the appellant 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,
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-appellant 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
9-GKaviya/-
(Uploaded on 12/11/2025 at 03:14:03 PM)
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