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Rajasthan High Court - Jodhpur
Kishan Singh Alias Kishore Singh vs State Of Rajasthan ... on 25 February, 2026
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2026:RJ-JD:10136-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 347/2026
Kishan Singh @ Kishore Singh S/o Dungar Singh, Aged About 37
Years, R/o Palra Police Station Bhim, District Rajsamand.
(At Present Lodged In Distt. Jail, Rajsamand).
----Petitioner
Versus
State of Rajasthan, Through PP.
----Respondent
For Petitioner(s) : Mr. Tarun Dhaka.
For Respondent(s) : Mr. Deepak Choudhary, GA-cum-AAG.
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
HON'BLE MR. JUSTICE CHANDRA SHEKHAR SHARMA
Order
25/02/2026
1. The present application has been filed by the applicant under
Section 430 of BNSS seeking suspension of sentence awarded to
him by the learned Additional Sessions Judge, Rajsamand
(hereinafter referred to as 'trial Court') vide judgment dated
16.10.2025 passed in Session Case No.36/2019, whereby
following sentences have been awarded against the accused-
applicant.
S.No Offence Sentence Fine
1. 302/34 Imprisonment for To pay a fine of Rs.40,000/-;
IPC Life in default thereof to further
undergo three months' simple
imprisonment
2. 201/34 Rigorous To pay a fine of Rs.4,000/-; in
IPC Imprisonment of default thereof to further
One year undergo fifteen days' simple
imprisonment
2. Learned counsel for the applicant-appellant submits that the
application of the co-convict- Smt. Teji Devi and Kalu Singh,
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[2026:RJ-JD:10136-DB] (2 of 3) [SOSA-347/2026]
seeking suspension of sentence has already been allowed by this
Court vide order dated 30.01.2026 and the case of the present
applicant-appellant is similar to the case of the co-convict- Smt.
Teji Devi and Kalu 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-convict persons 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. Taking into consideration the fact that the sentence of the
co-convict persons has already been suspended by this Court and
the case of the present applicant is not distinguishable vis-a-vis
the case of co-convicts, without commenting on the merit and
demerit of the case, this Court deems it appropriate to suspend
the sentence of the applicant-appellant also.
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, Rajsamand vide judgment dated 16.10.2025 in Session
Case No.36/2019 against the applicant - Kishan Singh @
Kishore Singh S/o Dungar 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
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[2026:RJ-JD:10136-DB] (3 of 3) [SOSA-347/2026]
Court on 27.03.2026 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
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
117-Shahenshah/SunilS/-
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