Rajasthan High Court - Jodhpur
Ramesh Kumar vs State Of Rajasthan (2025:Rj-Jd:44327) on 9 October, 2025
[2025:RJ-JD:44327]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Suspension of Sentence Application (Appeal)
No. 1180/2025
Ramesh Kumar S/o Rati Lal Ji, aged about 40 years, R/o Korta,
Police Station Sumerpur, Tehsil Sumerpur, District Pali.
(At present lodged in District Jail, Pali)
----Appellant
Versus
State of Rajasthan, through P.P.
----Respondent
For Petitioner(s) : Mr. Chakravarti Singh Rathore
For Respondent(s) : Mr. Vikram Singh Rajpurohit, P.P.
HON'BLE MR. JUSTICE SANDEEP TANEJA
Order
09/10/2025
1. Heard learned counsel for the parties and perused the
impugned order.
2. This application for suspension of sentence has been filed by
the accused-applicant under Section 430(2) of BNSS. The
accused-applicant has been convicted by judgment and order
dated 18.06.2025 passed by the Additional Sessions Judge,
Sumerpur, District Pali in Sessions Case No.12/2021 and
sentenced for two years' imprisonment and a fine of Rs.1000/- for
the offence under Section 498-A IPC and in default of payment of
fine to further undergo one month's additional imprisonment. The
accused-applicant has further been sentenced for six years'
rigorous imprisonment and a fine of Rs.5000/- for the offence
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under Section 306 IPC and in default of payment of fine to further
undergo three months' additional imprisonment.
3. It is contended by learned counsel for the accused-applicant
that during trial, the accused-applicant was on bail and hearing of
appeal is likely to take long time. Learned counsel, thus, prays
that the sentence awarded to the accused-applicant may be
suspended.
4. Per contra, learned Public Prosecutor opposed the application
for suspension of sentence.
5. Having considered the overall facts and circumstances of the
case and keeping in view the fact that hearing of the appeal is
likely to take time, this Court is inclined to suspend the sentence
awarded to the accused-applicant.
6. Accordingly, this application for suspension of sentences is
allowed and it is directed that the sentence awarded to the
accused-applicant - Ramesh Kumar S/o Rati Lal Ji by the
Additional Sessions Judge, Sumerpur, District Pali in Sessions Case
No.12/2021 by judgment and order dated 18.06.2025 shall
remain suspended till final disposal of the appeal provided he
executes a personal bond for a sum of Rs.50,000/- along with two
sound and solvent sureties in the sum of Rs.25,000/- each to the
satisfaction of the learned trial court for his appearance before this
Court on 24.11.2025 and whenever called upon to do so till the
disposal of the appeal on the conditions indicated below:-
(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 accused-applicant changes his 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.
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(3) Similarly, if the sureties change their address, they will
give in writing their changed address to the trial court.
7. 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 TANEJA),J
75-Ravi Khandelwal
(Uploaded on 09/10/2025 at 06:40:27 PM)
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