Rajasthan High Court - Jodhpur
Bajrang Singh vs State Of Rajasthan (2025:Rj-Jd:40310) on 10 September, 2025
[2025:RJ-JD:40310]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1701/2025
In
S.B. Criminal Appeal No.1954/2025
Bajrang Singh S/o Shri Madan Singh, Aged About 46 Years,
Resident Of Kotha Ki Dhani, Tan Bherunda, P.s. Thanwala,
District Nagaur. (Presently Lodged At Central Jail Ajmer)
----Petitioner
Versus
State Of Rajasthan, Thourgh PP
----Respondent
For Petitioner(s) : Mr. Vishal Sharma
For Respondent(s) : Mr. Narendra Gehlot, PP
Mr. OP Choudhary
Mr. Pradeep Choudhary
Mr. Ravindra Acharya
HON'BLE MR. JUSTICE SANDEEP SHAH
Order
10/09/2025
1. Heard learned counsel for the appellant-applicant as well as
learned Public Prosecutor and perused the material available on
record.
2. Learned counsel for the appellant-applicant submits that the
appellant was not impleaded as an accused in the case in hand
and thereafter on application filed under Section 319 Cr.P.C. by the
complainant he was impleaded as an accused. He further submits
that similarly situated co-accused Munni Devi and others have
already been extended the benefit of suspension of sentence by
this Court in S.B. Criminal Criminal Miscellaneous Suspension of
Sentence Application No.1476/2025 vide order dated 01.08.2025.
He submits that case of the applicant is not distinguishable from
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[2025:RJ-JD:40310] (2 of 3) [SOSA-1701/2025]
those, who have already been extending the benefit of suspension
of sentence. He further asserts that initially he had not
surrendered, however, he has surrendered and now is behind the
bars. He thus, submits that the appellant-applicant is entitled for
suspension of sentence.
3. Per contra, the learned Public Prosecutor and learned counsel
for complainant Mr. Pradeep Choudhary and Mr. Ravindra Acharya,
respectively oppose the bail application for suspension of sentence
and submits that the appellant was author of one of the grievous
injury on the body of the injured and the applicant has recently
surrendered, therefore, he does not deserve to be enlarged on
bail. Both the learned counsels however are not in a position to
dispute the fact that similarly situated co-accused have already
been extended to the suspension of sentence.
4. Upon consideration of the arguments advanced on behalf of
both the sides and having regard to the facts and circumstances of
the case including the facts that, since similarly situated co-
accused persons, who were also author of causing grievous injury,
have already been extended the benefit of suspension of sentence
as also considering the fact that initially appellant was not
impleaded as accused and was rather added as an accused on an
application under Section 319 I.P.C. and the fact that the chances
of hearing of the appeal in near future are 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 of BNSS is allowed and it is ordered that the
sentence passed by learned Session Judge, Merta, Rajasthan vide
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[2025:RJ-JD:40310] (3 of 3) [SOSA-1701/2025]
judgment dated 30.07.2025 in Session Case No.28/2017, against
the appellant-applicant Bajrang Singh S/o Shri Madan Singh
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 13.10.2025 and whenever ordered to
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 appellant-applicant in a separate file. Such file be registered
as Criminal Misc. Case related to original case in which the
appellant-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 appellant-applicant does 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
258-charul/-
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