Rajasthan High Court - Jodhpur
Prakash Alias Chinnu Alias Bodyguard vs State Of Rajasthan (2025:Rj-Jd:49491) on 17 November, 2025
[2025:RJ-JD:49491]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1857/2025
Prakash Alias Chinnu Alias Bodyguard S/o Arjunlal, Aged About
36 Years, Resident Of Shahid Bhagwat Singh Nagar Kachee Basti
Pula Ps Ambamata District Udaipur Raj (Lodged In Central Jail
Udaipur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Jitendra Singh for
Mr. S.S. Rathore
For Respondent(s) : Mr. Narendra Chandawat, PP
HON'BLE MR. JUSTICE SANDEEP SHAH
Order
17/11/2025
1. Heard learned counsel for the appellant-applicant as well as
learned Public Prosecutor and perused the material available on
record.
2. Learned counsel for the appellant-applicant submits that the
scuffle occurred between the applicant and the complainant for
the reason of prior enmity as well as for the reason that the
brother-in-law of the applicant refused to provide free eggs to the
complainant. He further submits that the alleged incident took
place in the spur of the moment. He further submits that the
doctor has found the injury nos.1 & 2 to be simple in nature,
which were on vital part of the body, whereas the other injuries
i.e. injury nos. 3 to 6, which were on non-vital part of the body,
have been found to be grievous in nature. He further submits that
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the applicant was on bail during the course of trial and has not
misused the liberty granted by the Court. He further submits that
the punishment imposed upon the applicant is five years' simple
imprisonment under Section 307 IPC and the hearing of appeal
will take substantial time. In these circumstances, he prays that
the sentence awarded to the appellant-applicant may be
suspended and he may be released on bail.
3. Per contra, learned Public Prosecutor opposes the application
for suspension of sentence and submits that considering the entire
evidence threadbare, learned trial Court has rightly convicted the
appellant-applicant for the offence in question. Therefore, the
appellant-applicant is not entitled to be enlarged on bail.
4. Upon consideration of the arguments advanced on behalf of
both the sides and having regard to the facts and circumstances of
the case, including the facts that the grievous injuries were on
non-vital part of the body, there are arguable points raised by the
learned counsel for the appellant-applicant, sentence imposed is
simple imprisonment for five years, chances of hearing of appeal
in near future being bleak, this Court is of the opinion that it is a
fit case for suspending the sentence awarded to the accused
appellant-applicant.
5. Accordingly, the application for suspension of sentence filed
under Section 430 of BNSS is allowed and it is ordered that the
sentence passed by the learned Sessions Judge, Udaipur,
Rajasthan, vide judgment dated 15.09.2025 in Sessions Case
No.275/2020 (CIS No.275/2020) against the appellant-applicant
Prakash Alias Chinnu Alias Bodyguard S/o Arjunlal shall
remain suspended till final disposal of the aforesaid appeal and he
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shall be released on bail, provided he executes a personal bond in
the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to
the satisfaction of the learned trial Judge for his appearance in this
court on 17.12.2025 and whenever ordered to do so till the
disposal of the appeal on the conditions indicated below:-
1. That he/she/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(s) changes the place of
residence, he/she/they will give in writing
his/her/their changed address 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.
6. The learned trial Court shall keep the record of attendance of
the accused-applicant(s) in a separate file. Such file be registered
as Criminal Misc. Case related to original case in which the
accused-applicant(s) was/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 applicant(s) does not appear before the trial
court, the learned trial Judge shall report the matter to the High
Court for cancellation of bail.
(SANDEEP SHAH),J
48-Love/-
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