Shanti Lal vs State Of Rajasthan ...
2025 Latest Caselaw 15406 Raj

Rajasthan High Court - Jodhpur

Shanti Lal vs State Of Rajasthan ... on 13 November, 2025

Author: Manoj Kumar Garg

Bench: Manoj Kumar Garg

[2025:RJ-JD:48802-DB]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
 D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
                                 No. 1601/2025

Shanti Lal S/o Shri Jagji, Aged About 30 Years, R/o Gumanpura
Police Station Anandpuri, District Banswara (Petitioner Lodged In
District Jail Dungarpur)
                                                                      ----Petitioner
                                       Versus
State Of Rajasthan, Through PP
                                                                    ----Respondent


For Petitioner(s)            :     Mr. Manoj Kumar Pareek
For Respondent(s)            :     Mr. R.S. Bhati, PP



          HON'BLE MR. JUSTICE MANOJ KUMAR GARG

HON'BLE MRS. JUSTICE SANGEETA SHARMA

Order

13/11/2025

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 appellant-applicant, who has been convicted and

sentenced by the learned Additional District and Sessions Judge,

Sagwara, District Dungarpur, vide judgment dated 05.08.2025 in

Sessions Case No.26/2023 (CIS No.26/2023). The appellant-

applicant has been sentenced as under:-

Offence U/s         Sentence                 Fine                    Sentence in
                                                                      default of
                                                                     payment of
                                                                         fine
302 IPC             Life                     Rs.20,000/-            Three month's
                    Imprisonment                                         S.I.

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[2025:RJ-JD:48802-DB] (2 of 3) [SOSA-1601/2025]

Learned counsel for the appellant-applicant has submitted

that most of the independent witnesses have turned hostile and

the appellant has been in judicial custody since 13.11.2018. and in

the statement of other prosecution witnesses, there are material

contradictions, omissions and improvement. Further, counsel

submits that the appellant has been in judicial custody 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 Additional District and

Sessions Judge, Sagwara, District Dungarpur, in Sessions Case

No.26/2023 (CIS No.26/2023) against appellant-applicant Shanti

Lal S/o Shri Jagji, 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 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:-

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[2025:RJ-JD:48802-DB] (3 of 3) [SOSA-1601/2025]

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 37-GKaviya/-

(Uploaded on 14/11/2025 at 09:39:53 AM)

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