Rajasthan High Court - Jodhpur
Prakash Alias Rana vs State Of Rajasthan ... on 12 November, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:48560-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1905/2025
Rahul S/o Pirulal Ganwariya, Aged About 30 Years, R/o Rolaheda
P.S. Chanderiya District Chittorgarh Rajasthan (Presently Lodged
At Dist. Jail Chittorgarh)
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Vishnu Kumar Regar S/o Ghisu Lal Regar, R/o Ghatiyawli,
Shambhupura Dist. Chittorgarh Raj.
----Respondents
Connected With
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1760/2025
Prakash @ Rana S/o Shri Nandram Regar, Aged About 25 Years,
Rolaheda P.s. Chanderiya District Chittorgarh Rajasthan (Lodged
In Dist. Jail. Chittorgarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Bharat Devasee
Mr. Shyam Lal Kumawat
Mr. Love Jain
For Respondent(s) : Mr. K.S. Kumpawat, AAAG
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
HON'BLE MRS. JUSTICE SANGEETA SHARMA
Order
12/11/2025
1. The appellants-applicants herein have been convicted and
sentenced as below vide judgment dated 13.08.2025 passed by
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the learned Sessions Judge, District Chittorgarh in Sessions Case
No.34/2022 (C.I.S. No.45/2022) :
Offence Sentence Fine Sentence in
default of fine
Section 341 IPC 1 month S.I. Rs.500/- 7 days S.I.
Section 323 IPC 1 year S.I. Rs.1,000/- 15 days S.I.
Section 307/34 IPC Life Rs.25,000/- 3 months S.I.
imprisonment
2. The appellant-applicant have preferred these applications for
suspension of sentence under Section 430 B.N.S.S./389 Cr.P.C. for
suspension of sentence during the pendency of the appeals and
for release on bail.
3. The sole plea raised by learned counsel for the appellants-
applicants is that the appellant were on bail during trial and
hearing of the appeals are likely to be protracted, thus, the
sentence of the applicant be suspended and they be enlarged on
bail.
4. Learned Public Prosecutor opposed the applications for
suspension of sentences with the submission that as the
appellants-applicants have 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
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2008 also are pending for hearing, there is no likelihood of hearing
of the present appeals in near future.
7. In the present cases as observed herein-before, the
appellant-applicant were on bail during the trial. Except for the
fact that the appellants-applicants were involved in offence leading
to their conviction for life, nothing has been brought on record by
way of extenuating circumstances for denial of suspension of
sentences.
8. Consequently, without making any observations on merits of
the case, we are inclined to suspend the substantive sentences of
the appellants-applicants - Rahul S/o Pirulal Ganwariya and
Prakash @ Rana S/o Shri Nandram Regar, during the pendency of
the appeals.
9. Accordingly, the instant applications for suspension of
sentences filed under Section 430 B.N.S.S./389 Cr.P.C. are allowed
and it is ordered that substantive sentence passed by the learned
Sessions Judge, District Chittorgarh in Sessions Case No.34/2022
(C.I.S. No.45/2022) against the appellants-applicants No.1 -
Rahul S/o Pirulal Ganwariya and 2. Prakash Alias Rana S/o
Shri Nandram Regar, 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 learned trial Judge for their
appearances in this court on 15.12.2025 and whenever ordered to
do so till the disposal of the appeal on the conditions indicated
below:
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1. That they will appear before the trial court in
the month of January of every year till the appeals
are decided.
2. That if the applicants change the place of
residence, they will give in writing their changed
addresses 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 accuseds-applicants in a separate file. Such file be registered
as Criminal Misc. Case relating to original case in which the
accused- applicants were 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-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
20-21-amit/-
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