Citation : 2025 Latest Caselaw 16247 Raj
Judgement Date : 27 November, 2025
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal (Sb) No. 2690/2025
1. Satnam Singh S/o Munsha Singh, Aged About 34 Years,
Resident Of Ward No 13 Dullapura Keri Police Station
Hindumalkot District Sriganganagar Rajasthan
2. Jagga Singh S/o Mahendra Singh, Aged About 33 Years,
Resident Of Ward No 13 Dullapura Keri Police Station
Hindumalkot District Sriganganagar Rajasthan
3. Sukhram S/o Omprakash, Aged About 34 Years, Ward No
1 Dullapura Keri Police Station Hindumalkot District
Sriganganagar Rajasthan
----Appellants
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Kuldeep Sharma
For Respondent(s) : Mr. Narendra Gehlot, PP
Mr. Om Prakash Choudhary, Asst.
G.A.
HON'BLE MR. JUSTICE SUNIL BENIWAL
Order
27/11/2025
S.B. Criminal Appeal (SB) No. 2690/2025:-
1. Admit
2. Issue notice.
3. Call for the record.
S.B. Criminal Misc. Suspension of Sentence Application Nos. 2259/2025:-
1. Heard on application seeking suspension of sentence.
2. The instant application for suspension of sentence has been
moved on behalf of the applicant-appellants against the judgment
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dated 17.11.2025 passed by the learned Special Judge, Scheduled
Caste and Scheduled Tribe (Prevention of Atrocities) Act Cases Sri
Ganganagar, in Sessions Case No.37/2017, whereby the applicant-
appellants were convicted and sentenced as under:-
Offence under Imprisonment Fine In default of fine section 341 IPC 1 Month-simple imprisonment 323/34 IPC 6 Months-Simple Imprisonment 324/34 IPC 1 year-simple imprisonment 326/34 IPC 3 years-simple Further to undergo 3 imprisnoment & months S.I. Rs.10,000/-
2. Learned counsel for the applicant-appellants submits that
the applicant-appellants were on bail during the pendency of trial
and the sentences have already been suspended while passing the
impugned order by the learned trial Court.
3. Per contra, learned Public Prosecutor opposes the application
seeking suspension of sentence.
4. Considering the fact that the appellant-appllants were on bail
during the trial so also the appellant-applicants have been
awarded sentence of three years and the hearing of the appeal is
likely to take a long time, therefore, the application for suspension
of sentence deserves to be allowed.
5. Accordingly, the application for suspension of sentence filed
under Section 430 BNSS (old Section 389 Cr.P.C.) is allowed and
it is ordered that the sentence awarded by the learned Special
Judge, Scheduled Caste and Scheduled Tribe (Prevention of
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Atrocities) Act cases, District Sri Ganganagar in Sessions Case
No.37/2017, against the applicant-appellants - Satnam Singh S/
o Munsha Singh, Jagga Singh S/o Mahendra Singh and
Sukhram S/o Omprakash, shall remain suspended till final
disposal of the aforesaid appeal and they shall be released on bail
provided they execute 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
02.01.2026 and whenever ordered to do so till the disposal of the
appeal on the conditions indicated below:-
(i). That he/she will appear before the trial Court in the month of January of every year till the appeal is decided.
(ii). That if the applicant changes the place of residence, he/she will give in writing his/her changed addresses to the trial Court as well as to the counsel in the High Court.
(iii). Similarly, if the sureties change their addresses, 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 applicant-appellants in a separate file. Such file be registered
as Criminal Misc. Case related to original case in which the
applicant-appellants 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 courts. In case the
said applicant-appellants do not appear before the trial court, the
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learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(SUNIL BENIWAL),J 85-AbhishekK/-
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