Rajasthan High Court - Jodhpur
Madan Singh vs State Of Rajasthan (2025:Rj-Jd:49847) on 18 November, 2025
[2025:RJ-JD:49847]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1845/2025
Madan Singh S/o Shri Mohan Singh, Aged About 61 Years, R/o
Village Chamunderi, P.s. Nana, Tehsil Bali, District Pali
(Rajasthan) (Presently Lodged In Central Jail, Jodhpur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Shambhoo Singh Rathore
For Respondent(s) : Mr. Narendra Chandawat, PP
HON'BLE MR. JUSTICE SANDEEP SHAH
Order
18/11/2025
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
there is an allegation of causing injuries by use of a lathi, and
total four injuries were sustained by the injured-deceased Lungi
Kanwar. It is further submitted that although one of the injuries
was on a vital body part, the same was simple in nature and the
only grievous injury found was a fracture in left sided rib No.8 & 9
of the right radius bone. Counsel further submits that the
appellant and the complainant are members of the same family
and the incident arose out of a dispute regarding a mobile phone
allegedly being snatched by the applicant. It is also submitted that
the appellant-applicant was on bail during the course of trial and
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that there is no likelihood of the appeal being heard in the near
future. In these circumstances, learned counsel prays that the
appellant-applicant be released on bail by allowing the suspension
of sentence application.
3. Per Contra, Learned Public Prosecutor opposes the
application for suspension of sentence and submits the learned
Trial Court has rightly convicted the appellant-applicant for the
offences in question, and therefore, the application in question
deserves to be dismissed.
4. I have heard 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 appellant-applicant was on bail
during the course of trial, one of the injuries was on a vital body
part, the same was simple in nature, as also, chances of hearing
of the 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 Section 430 BNSS is allowed and it is ordered that
the sentence passed by the learned Additonal Sessions Judge,
Bali, District Pali vide judgment dated 15.09.2025 in Sessions
Case No.46/2013 (CIS No.185/2014), against the appellant-
applicant Madan Singh S/o Shri Mohan Singh, shall remain
suspended till final disposal of the aforesaid appeal and he 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
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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 appellant-applicant in a separate file. Such file be registered
as Criminal Misc. Case related to original case in which the
appellant-applicant 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 appellant-applicant 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
51-mohit/-
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