Rajasthan High Court - Jodhpur
Vikas Alias Kanth vs State Of Rajasthan (2025:Rj-Jd:44671) on 10 October, 2025
[2025:RJ-JD:44671]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1551/2025
Vikas Alias Kanth S/o Shri Madan Lal, Aged About 26 Years, R/o
Ward No 63 Near Old Sugar Mill, Police Station Jawaharnagar,
Sriganganagar, Rajasthan. (At Present Lodged In Central Jail
Sriganganagar)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1331/2025
IN
S.B. Criminal Appeal (Sb) No. 1788/2025
Monu Alias Bhondu S/o Sevaram @ Sangi, Aged About 20 Years,
Ward No. 46/57, Street No. 2,gurunanak Basti, Police Station -
Jawahar Nagar, Sriganganagar,raj. (Lodged In Central Jail,
Sriganganagar)
----Petitioner
Versus
1 State Of Rajasthan, Through PP
2 Shiv Kumar S/o Raman Kumar, Krishna Takij , Sugar Mill ,
Police Station Jawahar Nagar, Sriganganagar,raj.
----Respondents
For Petitioner(s) : Mr. Rajesh Saharan
Mr. Ankit Ghorela
For Respondent(s) : Mr. Narendra Gehlot, PP
HON'BLE MR. JUSTICE SANDEEP SHAH
Order
10/10/2025
1. Heard learned counsel for the appellants-applicants as well
as learned Public Prosecutor and perused the material available on
record.
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2. Learned counsel for the appellants-applicants submits that
the appellant-applicant Vikas has been convicted for the offences
punishable under Sections 323, 336, 307, 429 & 34 of IPC and the
appellant-applicant Monu has been convicted for the offences
punishable under Section 323, 336, 307, 429 & 34 of IPC and
Section 3/25 of the Arms Act. He submits that the allegation
leveled against the appellant-applicant Vikas is for attempt of
causing firearm injury to the injured, however, there is no such
firearm recovered from the applicant Vikas @ Kanth and the
applicant was on bail during the course of the trial. He further
submits that the co-accused Monu has neither shown to be author
of injury nor is there any allegation of using firearm by the
applicant Monu and he has been linked simply on the basis of
recovery of firearm. He asserts that at best, the applicant Monu
can be said to be guilty of offence under Section 3/25 of the Arms
Act. In these circumstances, he prays that the sentence awarded
to the appellants-applicants may be suspended and they may be
released on bail.
3. Per contra, learned Public Prosecutor opposes the application
for suspension of sentence and submits that considering the fact
that an attempt was made to cause injury by firearm was
sufficient to constitute the offence under Section 307 IPC and
learned trial Court has rightly convicted the appellants-applicants
for the offences in question. Therefore, the appellants-applicants
are 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 there are various arguable points
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raised by the learned counsel for the applicants, no firearm has
been recovered from the applicant Vikas who was shown to be the
person who has used the firearm and also, there is no
corresponding injury of firearm on the body of the injured, the
firearm has been recovered from the applicant Monu but there
was no allegation of using of firearm by Monu as well as 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 are allowed and it is ordered that the
sentence passed by the learned Additional Session Judge No.2,
Sriganganagar, Rajasthan, vide judgment dated 07.07.2025 in
Session Case No.13/2021 against the appellants-applicants Vikas
Alias Kanth S/o Shri Madan Lal & Monu Alias Bhondu S/o
Sevaram @ Sangi shall remain suspended till final disposal of
the aforesaid appeals and they shall be released on bail, provided
each of them execute 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 their appearance in this court on
10.11.2025 and whenever ordered to do so till the disposal of the
appeals 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
appeals are 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.
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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) do 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
45-46-Love/-
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