Rajasthan High Court - Jodhpur
Unkar Lal Gayari vs State Of Rajasthan ... on 17 September, 2025
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2025:RJ-JD:41469-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 759/2025
Unkar Lal Gayari S/o Chunni Lal Gayari, Aged About 28 Years,
R/o Borkheda, Ps Badisadari, Dist. Chittorgarh. (Lodged In Dist.
Jail Chittorgarh)
----Applicant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Mridul Jain
For Respondent(s) : Mr. CS Ojha, PP
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
HON'BLE MR. JUSTICE ANUROOP SINGHI
Order
17/09/2025
1. The present application has been filed by the applicant(s)
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 Special Judge SC/ST (Prevention of
Atrocities Cases), Chittorgargh (hereinafter referred to as 'trial
Court') vide judgment dated 21.05.2024 passed in Sessions Case
No.55/2019 (188/2019) (CIS No.93/2019) whereby following
sentences have been awarded against the accused-applicant.
S.No Offence Sentence In default of payment of
fine further undergo
1. 302 of Life Imprisonment Rs.50,000/- and in default of
IPC which to further undergo Six
months' S.I.
(Uploaded on 17/09/2025 at 03:50:25 PM)
[2025:RJ-JD:41469-DB] (2 of 3) [SOSA-759/2025]
2. Learned counsel for the applicant-appellant submits that the
present is a case of circumstantial evidence as after the body was
recovered on 20.05.2019, the FIR was registered at 4:45 pm and
on the same day, the applicant was arrested. He submits that
even as per the Investigating Officer, the statement of the
witnesses - Devilal and Kailash were recorded on 22.05.2019.
Learned counsel submits that there is no credible evidence in the
present case and the applicant suffers incarceration of more than
six and half years.
3. Learned Public Prosecutor opposed the application for
suspension of sentence.
4. We have considered the submissions made at the Bar and
have gone through the relevant record of the case.
5. Considering all aspects, this Court deems it appropriate to
suspend the sentence of the applicant-appellant.
6. Accordingly, the present application for suspension of
sentence filed by the applicant-appellant is hereby allowed. It is
ordered that the sentence passed by the learned Special Judge
SC/ST (Prevention of Atrocities Cases), Chittorgargh vide
judgment dated 21.05.2024 in Sessions Case No.55/2019
(188/2019) (CIS No.93/2019) against the applicant - Unkar Lal
Gayari S/o Chunni Lal Gayari 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 27.10.2025
(Uploaded on 17/09/2025 at 03:50:25 PM)
[2025:RJ-JD:41469-DB] (3 of 3) [SOSA-759/2025]
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(s) 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.
7. 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 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.
8. Needless to state that the observations made hereinabove in
relation to guilt or otherwise of the applicant(s) is prima-facie
opinion considering the material to the extent necessary for the
purpose of consideration of instant application. None of the parties
shall 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
21-nitin/-
(Uploaded on 17/09/2025 at 03:50:25 PM)
Powered by TCPDF (www.tcpdf.org)
