Rajasthan High Court - Jodhpur
Himanshu @ Kali vs State Of Rajasthan ... on 12 November, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:48581-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1832/2025
1. Himanshu @ Kali S/o Kismat Kumar, Aged About 30 Years,
Resident Of Ward No.11 Bhatta Colony, Hanumangarh
Junction, District Hanumagarh
2. Vinod Kumar S/o Nand Kishore, Aged about 32 years,
Resident of Ward No.14, Dhillo Colony, Near Sant Ashram,
Hanumangarh Junction, District Hanumangarh.
3. Sahil Kumar @ Kala @ Nepali S/o Nand Kishore, Aged
About 28 years, Resident of Ward No.14, Dhillo Colony,
Near Sant Ashram, Hanumangarh Junction, District
Hanumangarh.
(All Appellants at Present Lodged In District Jail,
Hanumangarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Ramawtar Singh
Mr. Sumer Singh
For Respondent(s) : Mr. Deepak Choudhary, GA-cum-AAG
Mr. K.S. Kumpawat, AAAG
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 application for
suspension of sentence.
The instant application for suspension of sentence has been
preferred by the appellants-applicants, who have been convicted
and sentenced by the learned Additional Sessions Judge No.2,
Hanumangarh, vide judgment dated 30.08.2025 in Sessions Case
(Uploaded on 12/11/2025 at 03:14:30 PM)
[2025:RJ-JD:48581-DB] (2 of 3) [SOSA-1832/2025]
No.10/2018 (CIS No.12/2018). The appellant-applicant has been
sentenced as under:-
Offence U/s Sentence Fine Sentence in
default of
payment of
fine
148 IPC 3 Years' RI Rs.3,000/- 1 Year's RI
323/149 IPC 1 Year's RI Rs.1,000/- 1 Month's RI
325/149 IPC 7 Years' RI Rs.7,000/- 2 Years' RI
302/149 IPC Life Rs.50,000/- 3 Years' RI
Imprisonment
Learned counsel for the appellants-applicants has submitted
that specific averment has been made by the witnesses against
the co-accused Sumit for inflicting injuries to the deceased and no
specific role has been assigned to the present appellants. Further,
counsel 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 Additional Advocate General 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 appellants have been in custody since long, this Court is
inclined to suspend the sentence awarded to the appellants-
applicants 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 Additional Sessions
(Uploaded on 12/11/2025 at 03:14:30 PM)
[2025:RJ-JD:48581-DB] (3 of 3) [SOSA-1832/2025]
Judge No.2, Hanumangarh in Sessions Case No.10/2018 against
appellants-applicants (1) Himanshu @ Kali S/o Kismat Kumar, (2)
Vinod Kumar S/o Nand Kishore & (3) Sahil Kumar @ Kala @ Nepali
S/o Nand Kishore, shall remain suspended till final disposal of the
aforesaid appeal provided each of them executes a personal bond
in the sum of Rs.50,000/- 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 change 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-appellants were 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
76-GKaviya/-
(Uploaded on 12/11/2025 at 03:14:30 PM)
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