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Rajasthan High Court - Jodhpur
Sukhdev Singh vs State Of Rajasthan ... on 9 February, 2026
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2026:RJ-JD:7121-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1610/2025
Sukhdev Singh S/o Gurjant Singh, Aged About 35 Years, R/o
Ayaalki P.S. Goluwala District Hanumangarh Raj.
(Presently Lodged In Central Jail Bikaner)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Ranjeet Singh Gill.
For Respondent(s) : Mr. Rajesh Bhati, PP.
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
HON'BLE MR. JUSTICE CHANDRA SHEKHAR SHARMA
Order
09/02/2026
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 No.2,
Hanumangarh (hereinafter referred to as 'trial Court') vide
judgment dated 03.05.2023 passed in Session Case No.113/2018,
whereby following sentences have been awarded against the
accused-applicant.
S.No Offence Sentence Fine
1. 302 IPC Life Imprisonment To pay a fine of Rs.20,000/-; in
default thereof to further undergo
06 months' R.I.
2. 307 IPC 07 years To pay a fine of Rs.5000/-; in
Imprisonment default thereof to further undergo
03 months' R.I.
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[2026:RJ-JD:7121-DB] (2 of 4) [SOSA-1610/2025]
2. Learned counsel for the applicant-appellant submits that the
eye witness PW-4 Jagtar Singh and PW-5 Ravi Singh are not
corroborated by the injuries sustained by the deceased. He further
submits that as per the statement of PW-3 Dr. Amit Sharma, there
are only three injuries and the kind of injuries found on the body
of deceased could not come if the tractor is being driven more
than 2 to 3 times over the body of the deceased. He further
submits that a number of injuries would have been far more than
what has been described in the statement of PW-3, had the
statement of PW-4 and PW-5 being true. He further submits that it
is a plain and simple case of accident without any intention to
cause fatal injuries to the deceased. He further submits that the
applicant has suffered incarceration of more than 7 and a half
years. He, therefore, prays that the sentence in the case of
present applicant-appellant may be suspended during pendency of
the present appeal.
3. Per contra, learned Public Prosecutor opposed the
submissions made by learned counsel for the appellant-applicant.
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 for suspension of sentence filed
by the applicant-appellant is hereby allowed. It is ordered that the
sentence passed by the learned Sessions Judge, Hanumangarh
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vide judgment dated 03.05.2023 in Session Case No.113/2018
against the applicant - Sukhdev Singh S/o Gurjant 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 two sureties of Rs.50,000/-
each to the satisfaction of the learned trial Judge for his
appearance in this Court on 16.03.2026 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
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[2026:RJ-JD:7121-DB] (4 of 4) [SOSA-1610/2025]
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
68-Shahenshah/SunilS-
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