Rajasthan High Court - Jodhpur
Chirag vs State Of Rajasthan (2025:Rj-Jd:44666) on 10 October, 2025
[2025:RJ-JD:44666]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1540/2025
Chirag S/o Vikram, Aged About 22 Years, R/o Kotra Bhilakho,
Police Station Danpur, District Banswara. Presently Thikariya,
Police Station Lohariya, District Banswara (Rajasthan).
(Presently Lodged At Central Jail, Udaipur.)
----Petitioner
Versus
State Of Rajasthan, Through PP.
----Respondent
For Petitioner(s) : Mr. JVS Deora
For Respondent(s) : Mr. Narendra Gehlot, PP
Mr. OP Choudhary
HON'BLE MR.JUSTICE SANDEEP SHAH
Order
10/10/2025
1. Heard learned counsel for the appellant as well as learned
Public Prosecutor and perused the material available on record.
2. Learned counsel for the appellant submits that the appellant
was on bail during the course of trial and the learned Trial Court
itself by way of the order impugned, has acquitted co-accused
Rituraj. He further submits that there has been a recovery of
certain silver articles as well as in test identification parade, he
was identified by the complainant. He further asserts that the
same was the case of Rituraj, however, he has been acquitted. He
further asserts that the appellant is behind the bars since
26.05.2025 and the punishment imposed under Setions 394, 455
and 323 IPC is rigorous imprisonment for a period of 7 years. He
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further submits that the hearing of the appeal will take time and
implores this Court to allow suspension of sentence application.
3. Per Contra, learned Public Prosecutor opposes the application
for suspension of sentence and submits that the accused-appellant
has been a complicit in committing the crime, which is clear from
the recovery of the articles and the identification of the accused-
appellant by the complainant and, therefore, opposes the
application.
4. Upon consideration of the arguments advanced on behalf of
both sides and after having perused the record of the case, having
regard to the facts and circumstances of the case including the
facts that accused-appellant was on bail during the course of trial,
there being certain arguable questions with regard to the recovery
of articles and the chances of hearing of the appeal in near future
being bleak, this Court deems it appropriate to suspend the
sentence awarded to the accused-appellant.
5. Accordingly, the application for suspension of sentence filed
under Section 430 BNSS (Old Provision Section 389 of Cr.P.C.) is
allowed and it is ordered that the sentence passed by the learned
Additional Session Judge, Sagwara, District Dungarpur, vide
judgment dated 26.05.2025 in Sessions Case No.10/2022 (CIS
No.10/2022), against the accused-appellant Chirag S/o Vikram
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 court on 10.11.2025 and whenever ordered to
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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/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
44-charul/-
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