[Cites 4, Cited by 0]
Rajasthan High Court - Jodhpur
Jaswant Singh vs State Of Rajasthan ... on 10 April, 2026
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2026:RJ-JD:16934-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc. Suspension Of Sentence Application (Appeal)
No. 554/2026
Jaswant Singh S/o Aamb Singh, Aged About 30 Years, Resident
Of Barna, Police Thana Khuhadi, District Jaisalmer.
(Presently Lodged In District Jail Jaisalmer).
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Karan Singh Chouhan.
For Respondent(s) : Mr. S.S. Rathore, PP
Mr. Digvijay Singh for Complainant
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 applicant under
Section 430 of BNSS, 2023 seeking suspension of sentence
awarded to him by the learned Additional Sessions Judge,
Jaisalmer (hereinafter referred to as 'trial Court') vide judgment
dated 23.12.2025 passed in Session Case No.33/2017 (43/2017),
whereby he was convicted and sentenced to suffer under Section
147 IPC, 2 years' SI, under Section 148 IPC, three years' SI and
under Section 302/149 of IPC, life imprisonment along with a fine
of Rs. 10,000/- and in default to undergo six months' of additional
simple imprisonment.
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[2026:RJ-JD:16934-DB] (2 of 3) [SOSA-554/2026]
2. Learned counsel for the applicant-appellant submits that the
application of the co-accused Hari 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
applicant-appellant is similar to the case of the co-accused Hari
Singh. He, therefore, prays that the sentence in the case of
present applicant-appellant 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 applicant 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 applicant-appellant.
6. Accordingly, the application seeking suspension of sentence
filed by the applicant-appellant is hereby allowed. It is ordered
that the sentence passed by the learned Additional Sessions
Judge, Jaisalmer vide judgment dated 23.12.2025 in Session Case
No.33/2017 (43/2017) against the applicant - Jaswant Singh
S/o Aamb Singh 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/- each with
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[2026:RJ-JD:16934-DB] (3 of 3) [SOSA-554/2026]
two sureties of Rs.50,000/- each to the satisfaction of the learned
trial Judge for his appearance in this Court on 11.05.2026 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 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 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 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
52-Shahenshah/-
(Uploaded on 10/04/2026 at 05:05:59 PM)
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