Rajasthan High Court - Jodhpur
Kamlesh @ Kamji vs State Of Rajasthan (2025:Rj-Jd:42929) on 24 September, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:42929]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. II Suspension Of Sentence Application
(Appeal) No. 987/2025
Kamlesh @ Kamji S/o Kaliya, Aged About 38 Years, R/o Baba Ki
Bar, Thana Chitri, District Dungarpur. (At Present Lodged In Sub
Jail Sagwada, District Dungarpur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Jitendra Ojha
For Respondent(s) : Mr. S.S. Rathore, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
24/09/2025
Heard learned counsel for the parties.
The first suspension of sentence application was dismissed
was dismissed vide order dated 05.03.2025 by this Court.
Learned counsel for the appellant submits that prosecutrix is
major and she has been examined as PW.6 before the trial Court
and there are major contradictions, omissions & improvements in
her statement. The appellant was on bail during trial and the
hearing of the appeal will take sufficiently long time, therefore, the
sentence of the appellant may kindly be suspended.
Learned Public Prosecutor has opposed the prayer made by
the counsel for the appellant.
Upon a consideration of the arguments advanced on behalf
of the appellant and having regard to the facts and circumstances
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of the case, this court is of the opinion that it is a fit case for
suspending the sentence awarded to the accused appellant.
Accordingly, the second application for suspension of
sentence filed under Section 430 B.N.S.S./389 Cr.P.C. is allowed
and it is ordered that the sentences passed by the learned
Additional District & Sessions Judge, Sagwada, District Dungarpur
vide judgment dated 09.01.2025 in Criminal (Sessions) Case
No.47/2022 against the appellant-applicant - Kamlesh @ Kamji
S/o Kaliya shall be suspended till final disposal of the aforesaid
appeal 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 29.10.2025 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.
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
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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.
(MANOJ KUMAR GARG),J
328-Rashi/-
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