Rajasthan High Court - Jodhpur
Sumit @ Lapu Chouhan Bunkar vs State Of Rajasthan ... on 1 September, 2025
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2025:RJ-JD:38844-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1622/2025
Sumit @ Lapu Chouhan Bunkar S/o Bhagat Ram Bunkar, Aged
About 35 Years, R/o Ivth Phase, Rico Police Station Pratapnagar,
Bhilwara.
(Present Lodged At Dist. Jail, Bhilwara)
----Petitioner
Versus
State Of Rajasthan
----Respondent
For Petitioner(s) : Mr. R.C. Purohit
For Respondent(s) : Mr. Rajesh Bhati, PP
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
HON'BLE MR. JUSTICE ANUROOP SINGHI
Order
01/09/2025
1. The present application has been filed by the applicant-
appellant under section 389 of the Code of Criminal Procedure,
1973 (hereinafter referred to as 'Cr.P.C.') (430 of the Bhartiya
Nagrik Suraksha Sanhita, 2023) seeking suspension of sentence
awarded to him by the learned Sessions Judge, Bhilwara
(hereinafter referred to as 'trial Court') vide judgment dated
10.01.2025 passed in Session Case No.33/2017 whereby following
sentences have been awarded against the accused-applicant.
S.No Offence Sentence Fine
1. 302/34 Life Imprisonment To pay a fine of Rs.10,000/-; in
IPC default thereof to further
undergo one year rigorous
imprisonment
2. 323/34 One year Rigorous To pay a fine of Rs.1,000/-; in
IPC Imprisonment default thereof to further
undergo 15 days' rigorous
[2025:RJ-JD:38844-DB] (2 of 4) [SOSA-1622/2025]
imprisonment
3. 324/34 Two years' To pay a fine of Rs.2,000/-; in
IPC Rigorous default thereof to further
Imprisonment undergo one month's rigorous
imprisonment
4. 4/25 Two years' To pay a fine of Rs.2,000/-; in
Arms Rigorous default thereof to further
Act Imprisonment undergo one month's rigorous
imprisonment
2. Learned counsel for the applicant-appellant submits that the
case of the present applicant-appellant is similar to the co-accused
Surajbhan Singh and Jorawar Sansi in whose case application for
suspension of sentence has already been allowed by a Co-ordinate
Bench of this Court vide order dated 07.08.2025 and the case of
the present applicant-appellant is not distinguishable from the
case of the co-accused Surajbhan Singh and Jorawar Sansi and
he, therefore, prays that the application for suspension of
sentence may kindly be allowed.
3. Learned Public Prosecutor has opposed the application for
suspension of sentence but he is unable to distinguish the case of
the present applicant-appellant with the case of co-accused
Surajbhan Singh and Jorawar Sansi.
4. Having regard to the facts and circumstances of the case and
upon a consideration of the arguments advanced and considering
the fact that the case of the present applicant-appellant is
identical to co-accused aforesaid in whose case the application for
suspension of sentence has already been allowed.
5. Accordingly, the application for suspension of sentence filed
by the applicant-appellant is hereby allowed. It is ordered that the
sentence passed by the learned Sessions Judge, Bhilwara vide
[2025:RJ-JD:38844-DB] (3 of 4) [SOSA-1622/2025]
judgment dated 10.01.2025 in Session Case No.33/2017 against
the applicant-appellant -Sumit @ Lapu Chouhan Bunkar S/o
Bhagat Ram Bunkar 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/- each with
two sureties of Rs.50,000/- each to the satisfaction of the learned
trial Judge for his appearance in this Court on 03.10.2025 and
whenever ordered to do so till the disposal of the appeal on the
conditions indicated below:-
(i) That he will appear before the trial Court in the month of
January of every year till the appeal is decided.
(ii) 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.
(iii) Similarly, if the sureties change their address, 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 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.
7. Needless to state that the observations made hereinabove in
relation to guilt or otherwise of the applicant is prima-facie opinion
considering the material to the extent necessary for the purpose
of consideration of instant application. None of the parties shall
[2025:RJ-JD:38844-DB] (4 of 4) [SOSA-1622/2025]
rely upon the findings or observations made herein at the time of
arguing final hearing of the appeal.
(ANUROOP SINGHI),J (VINIT KUMAR MATHUR),J
29-Payal/-
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