Rajasthan High Court - Jodhpur
Kishore Nayak vs State Of Rajasthan ... on 27 October, 2025
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2025:RJ-JD:46250-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application
(Appeal) No. 1472/2025
Kishore Nayak S/o Jagdish, Aged About 26 Years, R/o Khardi,
Marwar Junction, Sojat Road, Sojat District Pali.
(At Present Lodged At Central Jail Jodhpur)
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Kalu Ram S/o. Jasa Ram, R/o. Khardi, Marwar Junction, Sojat
Road, Pali (Raj.).
----Respondents
For Petitioner(s) : Mr. Moti Singh
For Respondent(s) : Mr. C. S. Ojha, PP
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
HON'BLE MR. JUSTICE BIPIN GUPTA
Order
27/10/2025
The instant application filed under Section 389 of Cr.P.C. read
with Section 430 of BNSS, 2023 for suspension of sentences has
been preferred on behalf of the appellant-applicant who has been
convicted and sentenced as below vide judgment dated
18.07.2025 passed by the learned Special Judge, Prevention of
Children From Sexual Offences Court No.2, Pali, Rajasthan in
Sessions Case (CIS) No.43/2025 :
Offences Sentences Fine
Section 74 BNS & - -
Section 7/8 of the
POCSO Act
Section 329(3) of Three months S.I. Rs.5000/- in
BNSS default, 10
days S.I.
Section 115(2) of One year S.I. Rs.10,000/- in
BNSS default, one
month S.I.
Section 117(2) of Seven Years' R.I. Rs.20,000/- in
BNSS default, two
months' R.I.
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[2025:RJ-JD:46250-DB] (2 of 3) [SOSA-1472/2025]
Section 109(2) of Life Imprisonment' Rs.50000/- in
BNSS default, 01
Year R.I.
Learned counsel for the appellant submits that the present
appellant is a close relative of the complainant and the incident
occurred on account of some land dispute between the parties.
Agricultural land of the present appellant is adjacent to the land of
the complainant and on a trivial issue, there was heated
altercation between the parties in which the complainant suffered
injuries. He submits that there was no intention to cause grievous
injuries to the complainant. The incident occurred at the spur of
moment. Learned counsel also submits that there is no case of like
nature pending/decided against the present appellant. He,
therefore, prays that the present application of suspension of
sentence may be allowed.
Learned Public Prosecutor opposes the application for
suspension of sentences.
We have heard and considered the submissions advanced at
bar and have gone through the record.
Thus, having regard to the overall facts and circumstances
available on record and, we are inclined to enlarge the appellant
on bail while suspending the sentences awarded to him by the trial
court, during pendency of the appeal.
Accordingly, the instant application for suspension of
sentences filed under Section 389 of Cr.P.C. read with
Section 430 of BNSS, 2023 is allowed and it is ordered that
the sentences passed by the Learned Special Judge, Prevention of
Children From Sexual Offences Court No.2, Pali, Rajasthan vide
judgment dated 18.07.2025 in Sessions Case (CIS) No.43/2025
against the appellant-applicant Kishore Nayak S/o Jagdish,
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 sureties of Rs.25,000/-
each to the satisfaction of the learned trial Judge for his
appearance in this court on 27.11.2025 and whenever ordered to
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[2025:RJ-JD:46250-DB] (3 of 3) [SOSA-1472/2025]
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.
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.
(BIPIN GUPTA),J (VINIT KUMAR MATHUR),J
C4- 125-SunilS/SanjayS-
(Uploaded on 27/10/2025 at 03:15:54 PM)
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