Rajasthan High Court - Jodhpur
Brij Lal vs State Of Rajasthan on 25 September, 2025
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal (Sb) No. 2290/2025
Brij Lal S/o Shri Hariram, Aged About 46 Years, R/o 2/3 Rjm
Rozari, Police Station New Mandi Gharsana, District
Sriganganagar.
----Appellant
Versus
State Of Rajasthan, Through PP
----Respondent
For Appellant(s) : Mr. Jayant Garg
For Respondent(s) : Mr. Narendra Gehlot, PP
Mr. Omprakash Choudhary
HON'BLE MR. JUSTICE SANDEEP SHAH
Order
25/09/2025
IN S.B. Criminal Appeal (SB) No.2290/2025:-
1. Admit.
2. Call for the record.
IN S.B. Criminal Misc. Suspension of Sentence Application
No.1803/2025:-
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-applicant has been convicted for offences punishable
under Sections 323 & 326 IPC. He submits that the punishment
imposed upon the appellant-applicant is three years' simple
imprisonment. He also submits that the case pertains to a simple
injury, and the weapon recovered is not a sharp-edged weapon,
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whereas the injury has been attributed to a sharp-edged weapon.
He further submits that the appellant-applicant was on bail during
the course of trial, and there is no chance of hearing of the appeal
in near future. He, therefore, implores this Court to allow the
suspension of sentence application.
3. Learned Public Prosecutor opposes the application for
suspension of sentence and submits that the learned Trial Court,
after considering the evidence threadbare, has rightly convicted
the appellant-applicant for the offences in question, the appellant-
applicant is not entitled for any indulgence from this Court.
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 the punishment imposed upon
the appellant-applicant is only thee years' simple imprisonment,
he was on bail during the course of trial, the appellant-applicant
has raised arguable points, and the chances of hearing of appeal
in near future being bleak, this Court is of the opinion that it is a
fit case for suspending the sentences awarded to the accused
appellant-applicant.
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 the learned Special Judge, SC/ST (Prevention
of Atrocities) Cases, District Sriganganagar, vide judgment dated
26.08.2025 in Session Case No.45/2015 (CIS No.45/2015),
against the appellant-applicant; Brij Lal S/o Shri Hariram, 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
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the satisfaction of the learned trial Judge for his appearance in this
court on 28.10.2025 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
208-devrajP/-
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