Rajasthan High Court - Jodhpur
Banwari Lal vs State Of Rajasthan ... on 31 October, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:46974-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1979/2025
1. Banwari Lal S/o Bhanwar Lal, Aged About 56 Years, R/o
Jaisinghdesar Magra, Nokha, Bikaner (At Present Lodged
In Central Jail, Bikaner)
2. Gopal S/o Bhanwar Lal, Aged About 51 Years, R/o
Jaisinghdesar Magra, Nokha, Bikaner (At Present Lodged
In Central Jail, Bikaner)
----Petitioners
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Laxman Ram Bishnoi, cousin
brother of the appellants
For Respondent(s) : Mr. Deepak Choudhary, AAG assisted
by Mr. KS Kumpawat, Adv.
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
HON'BLE MRS. JUSTICE SANGEETA SHARMA
Order
31/10/2025
Heard learned counsel for the appellants and learned AAG on
application for temporary suspension of sentence.
The instant application for temporary suspension of sentence
has been moved on behalf of the appellants, who are in custody in
the case at hand. The temporary bail has been moved on the
ground of marriage of one Pooja, who is daughter of appellant
No.1 and niece of appellant No.2, on 08.11.2025 and therefore,
the presence of the appellants is very much essential in the
marriage function. Along with the application, photostat copy of
marriage card has also been annexed. Therefore, it is prayed that
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the sentence of the appellants may be temporarily suspended and
they may be released on bail for a period of 30 days.
Counsel for the appellants assures this Court that the
appellants shall positively surrender before the concerned Jail on
the date given by this Court or by the concerned Superintendent
for surrender.
Learned AAG has submitted a report dated 29.10.2025
received from the SHO, PS Panchu, District Bikaner verifying the
fact of marriage in the family of the appellants. However, learned
AAG has opposed the prayer made by the counsel for the
appellants as they have committed heinous crime. The said report
dated 29.10.2025 is hereby taken on record.
In view of the assurance given by the counsel for the
appellants and taking into consideration the facts that the
marriage of the appellant No.1's daughter and appellant No.2's
niece is fixed on 08.11.2025 and the presence of the appellants is
very much essential in the marriage function, we are of the
opinion that the sentence awarded to the appellants can be
temporarily suspended and they deserve to be enlarged on bail till
14.11.2025 from the date of their release.
Consequently, the application for temporary suspension of
sentence filed under Section 430 of BNSS ( Sec. 389 Cr.P.C.) is
allowed and it is ordered that the sentence passed by the learned
Additional Sessions Judge, Nokha, District Bikaner, vide judgment
dated 08.04.2024 in Session Case No.143/2022 against the
appellants-applicants (1) Banwari Lal S/o Bhanwar Lal & (2) Gopal
S/o Bhanwar Lal, shall remain temporarily suspended and they
shall be released on bail till 14.11.2025 from the date of their
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release, provided each of them 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 court. The appellants shall
surrender before the concerned Jail on 14.11.2025 at 4:30 PM.
Let this application for temporary suspension of sentence be
again listed on 17.11.2025, and on that date, learned AAG and
learned counsel for the appellants shall be required to submit the
compliance of this order.
(SANGEETA SHARMA),J (MANOJ KUMAR GARG),J
2-MS/-
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