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Rajasthan High Court - Jodhpur
Nishan Singh @ Vishal Singh vs State Of Rajasthan ... on 10 April, 2026
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2026:RJ-JD:16942-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc. Suspension Of Sentence Application (Appeal)
No. 596/2026
1. Nishan Singh @ Vishal Singh S/o Trilok Singh, Aged About
40 Years, Resident Of Matili Rathan District Sriganganagar
(Lodged In Dist. Jail, Sriganganagar)
2. Bagga Singh S/o Santokh Singh, Aged About 45 Years,
Resident Of Matili Rathan District Sriganganagar (Lodged
In Dist. Jail, Sriganganagar)
----Petitioners
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Pankaj Kumar Gupta.
For Respondent(s) : Mr. C.S. Ojha, PP.
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
HON'BLE MR. JUSTICE CHANDRA SHEKHAR SHARMA
Order
10/04/2026
1. The present application has been filed by the applicants
under Section 472 of BNSS, 2023 seeking suspension of sentence
awarded to them by the learned District and Sessions Judge, Sri
Ganganagar (hereinafter referred to as 'trial Court') vide judgment
dated 19.06.2025 passed in Session Case No.58/2011, whereby
following sentences have been awarded against the accused-
applicant.
S.No Offence Sentence Fine
1. 302 IPC Imprisonment for To pay a fine of Rs.1,00,000/-; in
Life default thereof to further undergo
six months' simple imprisonment
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[2026:RJ-JD:16942-DB] (2 of 3) [SOSA-596/2026]
2. Learned counsel for the applicants-appellants submits that
the application of the co-accused Sona Devi W/o Bagga Singh,
seeking suspension of sentence has been allowed by the
Coordinate Bench of this Court vide order dated 12.03.2026 and
the case of the present applicants-appellants is similar to the case
of the co-accused Sona Devi W/o Bagga Singh. He, therefore,
prays that the sentence in the case of present applicants-
appellants may also be suspended during pendency of the present
appeal.
3. Per contra, learned Public Prosecutor opposed the present
application seeking suspension of sentence, but he is unable to
distinguish the case of the present applicants vis-a-vis the case of
the co-accused person whose sentence has already been
suspended.
4. We have considered the submissions made at the Bar and
have gone through the relevant record of the case.
5. In the considered opinion of this Court, without commenting
on the merit and demerit of the case, this Court deems it
appropriate to suspend the sentence of the applicants-appellants.
6. Accordingly, the application seeking suspension of sentence
filed by the applicants-appellants is hereby allowed. It is ordered
that the sentence passed by the learned District and Sessions
Judge, Sri Ganganagar vide judgment dated 19.06.2025 passed in
Session Case No.58/2011 against the applicants - (1) Nishan
Singh @ Vishal Singh S/o Trilok Singh & (2) Bagga Singh
S/o Santokh Singh shall remain suspended till final disposal of
the aforesaid appeal and they shall be released on bail, provided
they executes a personal bond in the sum of Rs.1,00,000/- each
with two sureties of Rs.50,000/- each to the satisfaction of the
learned trial Judge for his appearance in this Court on
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[2026:RJ-JD:16942-DB] (3 of 3) [SOSA-596/2026]
11.05.2026 and whenever ordered to do so till the disposal of the
appeal on the conditions indicated below:-
(i) That they will appear before the trial Court in the
month of January of every year till the appeal is
decided.
(ii) That if the applicants change the place of
residence, they will give in writing their 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-applicants in a separate file. Such file be registered as
Criminal Misc. Case related to original case in which the accused-
applicants 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
accused applicants do 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 applicants 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.
(CHANDRA SHEKHAR SHARMA),J (VINIT KUMAR MATHUR),J
53-Shahenshah/-
(Uploaded on 10/04/2026 at 05:06:34 PM)
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