Hemendra vs State Of Rajasthan ...
2025 Latest Caselaw 15432 Raj

Citation : 2025 Latest Caselaw 15432 Raj
Judgement Date : 13 November, 2025

Rajasthan High Court - Jodhpur

Hemendra vs State Of Rajasthan ... on 13 November, 2025

Author: Manoj Kumar Garg

Bench: Manoj Kumar Garg

[2025:RJ-JD:48878-DB]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
 D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
                                 No. 2139/2025

1.       Hemendra S/o Kanti Lal, Aged About 20 Years, Resident
         Of Ramgarh Fala Kharod, P.s. Dovda District Dungarpur.
         (At Present Lodged In District Jail, Dungarpur)
2.       Rahul S/o Ramesh, Aged About 20 Years, Resident Of
         Ramgarh Fala Kharod, P.s. Dovda District Dungarpur. (At
         Present Lodged In District Jail, Dungarpur)
                                                                       ----Petitioners
                                       Versus
State Of Rajasthan, Through Pp
                                                                      ----Respondent


For Petitioner(s)            :     Mr. Rakesh Matoria
For Respondent(s)            :     Mr. C.S. Ojha, PP



          HON'BLE MR. JUSTICE MANOJ KUMAR GARG

HON'BLE MRS. JUSTICE SANGEETA SHARMA

Order

13/11/2025

1. The appellants-applicants herein have been convicted and

sentenced as below vide judgment dated 09.07.2025 passed by

the learned Additional Sessions Judge, Sagwara, District

Dungarpur, in Sessions Case No.67/2022 :

      Offence                 Sentence                   Fine           Sentence in
                                                                         default of
                                                                            fine
Section 302 IPC            Life                     Rs.10,000/-         3 years S.I.
                          Imprisonment
Section 148 IPC           2 years R.I.               Rs.2,000/-         1 month S.I.
Section 341 IPC           1 month S.I.                Rs.500/-           5 days S.I.
Section 323 IPC           1 year R.I.                Rs.1,000/-         15 days S.I.

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2. The appellants-applicants have 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 appellants-

applicants is that the appellant was on bail during trial and the

hearing of the appeal is likely to be protracted, thus, the sentence

of the applicants 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

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

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

appellants-applicants were 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.

8. Consequently, without making any observations on merits of

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the case, we are inclined to suspend the substantive sentence of

the appellants-applicants No.1 Hemendra S/o Kanti Lal and 2.

Rahul S/o Ramesh, 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, Sagwara, District Dungarpur, in

Sessions Case No.67/2022 against the appellant-applicant - No.1

Hemendra S/o Kanti Lal and 2. Rahul S/o Ramesh, shall

remain suspended till final disposal of the aforesaid appeal,

provided they 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 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 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.