[Cites 1, Cited by 0]
Rajasthan High Court - Jodhpur
Prathviraj @ Sonu vs State Of Rajasthan ... on 12 February, 2026
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2026:RJ-JD:8116-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 289/2026
Prithviraj @ Sonu S/o Babulal, Aged About 27 Years, R/o
Nathukhedi, P.S. Hathuniya, Dist. Pratapgarh (Raj.).
(Lodged In Central. Jail, Udaipur)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Surendra Singh Shaktawat.
For Respondent(s) : Mr. Sharwan Singh Rathore, PP.
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
HON'BLE MR. JUSTICE CHANDRA SHEKHAR SHARMA
Order
12/02/2026
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 Sessions Judge, Pratapgarh
(hereinafter referred to as 'trial Court') vide judgment dated
21.11.2024 passed in Session Case No.04/2019, whereby
following sentences have been awarded against the accused-
applicant.
S.No Offence Sentence Fine
1. 364A Imprisonment for To pay a fine of Rs.50,000/-;
IPC Life in default thereof to further
undergo 6 months' Simple
Imprisonment
2. 302 IPC Imprisonment for To pay a fine of
Life Rs.1,00,000/-; in default
thereof to further undergo 01
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year's Simple Imprisonment
3. 201 IPC Rigorous To pay a fine of Rs.10,000/-;
Imprisonment for in default thereof to further
05 years undergo 03 Months' Simple
Imprisonment
4. 386 IPC Rigorous To pay a fine of Rs.10,000/-;
Imprisonment for in default thereof to further
05 years undergo 03 months' Simple
Imprisonment
2. Learned counsel for the applicant-appellant submits that the
application of the co-accused Deepak S/o Gopal Lal, seeking
suspension of sentence has been allowed by this Court vide order
dated 03.02.2026 and the case of the present applicant-appellant
is similar to the case of the co-accused Deepak. 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, looking to the fact
that the application for suspension of sentence of the co-accused
Deepak has already been allowed, 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
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that the sentence passed by the learned Sessions Judge,
Pratapgarh vide judgment dated 21.11.2024 in Session Case
No.04/2019 against the applicant - Prithviraj @ Sonu S/o
Babulal 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.
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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
83-Shahenshah/SunilS-
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