Citation : 2025 Latest Caselaw 13766 Raj
Judgement Date : 25 September, 2025
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal (Sb) No. 2271/2025
1. Ravi Munidiya @ Ravikant S/o Kailash Munadiya, Aged
About 27 Years, Dhayal Dharamkatta Ke Pass, Ward No.
13, Bisau, Police Station Bisau, District Jhunjhunu
2. Rajkumar @ Raju Killer S/o Tarachand, Aged About 22
Years, Bani Ka Baas, Police Statoin Dudhwakhara, District
Churu, Rajasthan
----Appellants
Versus
State Of Rajasthan, PP
----Respondent
For Appellant(s) : Mr. SK Verma
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.2271/2025:-
1. Admit.
2. Call for the record.
IN S.B. Criminal Misc. Suspension of Sentence Application
No.1786/2025:-
1. Heard learned counsel for the appellants-applicants as well
as learned Public Prosecutor and perused the material available on
record.
2. Learned counsel for the appellants-applicants submits that
the appellants-applicants have been convicted under Section
03/25 of the Arms Act, 1959 & under Section 323 IPC. He submits
that the punishment imposed upon the appellants-applicants are
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(2 of 3) [CRLAS-2271/2025]
one year's simple imprisonment. He also submits that the
appellants-applicants were on bail during the course of trial. He
also submits that the injury, which has been fortified by PW.7- Dr.
Govind Besarwal, does not show any of the ingredients to be
treated as grievous injury, 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 appellants-applicants for the offences in question, the
appellants-applicants are not entitled for grant of 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 appellants-applicants is only one year's simple imprisonment,
they were on bail during the course of trial, appellants-applicants
have been exonerated as far as the offences under Section 307 is
concerned 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 appellants-
applicants.
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 Additional Session Judge, Churu,
vide judgment dated 10.09.2025 in Session Case No.230/2018,
against the appellants-applicants, namely Ravi Munidiya @
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Ravikant S/o Kailash Munadiya & Rajkumar @ Raju Killer
S/o Tarachand, shall remain suspended till final disposal of the
aforesaid appeal and they shall be released on bail, provided each
of them execute 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 their 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 appellants-applicants in a separate file. Such file be registered
as Criminal Misc. Case related to original case in which the
appellant-applicant 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 case the
said appellants-applicants do 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 7-devrajP/-
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