Rajasthan High Court - Jodhpur
Lavish @ Tishu vs State Of Rajasthan (2025:Rj-Jd:45244) on 15 October, 2025
Author: Farjand Ali
Bench: Farjand Ali
[2025:RJ-JD:45244]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc II Suspension Of Sentence Application
(Appeal) No. 1927/2025
In
S.B. Criminal Appeal No.566/2025
Lavish @ Tishu S/o Shri Satpal, Aged About 29 Years, R/o House
No. 111, Dawada Colony, Police Station Jawahar Nagar, District
Sri Ganaganagar, Rajasthan. (At Present Lodged In Central Jail
Sir Ganganagar)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Deepak Menaria with
Mr. Vivek Agrawal
Ms. Shivangi Pathak
For Respondent(s) : Mr. NS Chandawat, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
15/10/2025
1. The instant application for suspension of sentence has been
moved on behalf of the applicant in the matter of judgment dated
18.03.2025 passed by the learned Additional Sessions Judge No.2,
Sri Ganganagar in Sessions Case No.01/2023 whereby he was
convicted and sentenced to suffer maximum seven years' rigorous
imprisonment under Section 398 of IPC and lesser punishment for
the other offences under Sections 341, 324, 393, 455 of IPC &
4/25 of Arms Act.
2. It is contended by the learned counsel for the appellant that
the learned trial Judge has not appreciated the correct, legal and
factual aspects of the matter and thus, reached at an erroneous
(Uploaded on 16/10/2025 at 03:45:47 PM)
[2025:RJ-JD:45244] (2 of 4) [SOSA-1927/2025]
conclusion of guilt, therefore, the same is required to be
appreciated again by this court being the first appellate Court. It is
further contended that hearing of the appeal is likely to take long
time, therefore, the application for suspension of sentence may be
granted.
3. Per contra, learned public prosecutor has vehemently
opposed the prayer made by learned counsel for the accused-
applicant for releasing the appellant on application for suspension
of sentence.
4. This is the second application for suspension of sentence
moved at the instance of the accused-appellant seeking
indulgence of this Court on certain new grounds. It is stated that
an application under Section 391 of Cr.P.C. has been submitted to
bring on record some documents which may play a pivotal role to
show mitigating and extenuating circumstances while
determination of quantum of sentence.
5. Heard the learned counsel for the appellant and gone
through the record of the case.
6. After investigation, the appellant was chargesheeted for
offences under Sections 455, 307, 393, 394, 341, 323, 324, 398
of IPC & under Section 4/25 of Arms Act in connection with FIR
No.480/2022 of Police Station Jawaharnagar, District Sri
Ganganagar. The cognizance was taken and vide the order dated
18.03.2025 passed by the learned Additional Sessions Judge No.2,
Sri Ganganagar, he was convicted and sentenced under Sections
341, 324, 393, 455 of IPC and under Section 4/25 of Arms Act. He
was sentenced to suffer maximum seven years' rigorous
imprisonment. Aggrieved of the above order, he filed a criminal
(Uploaded on 16/10/2025 at 03:45:47 PM)
[2025:RJ-JD:45244] (3 of 4) [SOSA-1927/2025]
appeal and simultaneously moved an application for suspension of
sentence under Section 389 of Cr.P.C. and the same came to be
rejected by this Court on 17.04.2025. Learned counsel for the
appellant - Shri Deepak Menaria fervently urges that besides
having strong arguable case to question the very finding of guilt,
there is another error in not making proper assessment of the
circumstances of the case, circumstances of the accused, his
previous conduct and the reformative approach adopted by our
country in sentencing. It is urged that the appellant has no
criminal antecedent, he is a young man and belongs to an indigent
family. At the relevant point of time, he fall pray of drug addiction
and perhaps in an inebriated condition, he may have committed
the offence and the circumstances above were supposed to be
taken into account while determining the quantum of sentence.
However, the learned trial Court failed to weigh and measure the
aggravating and mitigating circumstances while passing an order
on the point of sentence. Considering the submission, particularly,
the additional evidence that the appellant was a drug addict and
undergoing treatment of the same, this court is of the opinion that
it is a fit case for suspending the sentence awarded to the
accused-appellant.
7. Accordingly, the application for suspension of sentence filed
under Section 389 Cr.P.C. is allowed and it is ordered that the
sentence passed by learned trial court, the details of which are
provided in the first para of this order, against the appellant-
applicant named above 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.50,000/-with two
(Uploaded on 16/10/2025 at 03:45:47 PM)
[2025:RJ-JD:45244] (4 of 4) [SOSA-1927/2025]
sureties of Rs.25,000/- each to the satisfaction of the learned trial
Judge for his appearance in this court on 17.11.2025 and
whenever ordered 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 applicant changes the 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.
3. Similarly, if the sureties change their address(s), they
will give in writing their changed address to the trial
Court.
8. The learned trial Court shall keep the record of attendance of
the accused-applicant in a separate file. Such file be registered as
Criminal Misc. Case related to original case in which the accused-
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
accused applicant does not appear before the trial court, the
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(FARJAND ALI),J
43-divya/-
(Uploaded on 16/10/2025 at 03:45:47 PM)
Powered by TCPDF (www.tcpdf.org)
