[Cites 2, Cited by 0]
Rajasthan High Court - Jodhpur
Krishna vs State Of Rajasthan ... on 23 March, 2026
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2026:RJ-JD:13607-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 2074/2025
Krishna S/o Shri Ghanshyam, Aged About 26 Years, R/o
Mallatalai Behind The Gandhi Statue Gandhinagar, Harijan Basti,
Mallatalai Presently Rana Kachi Basti Ps Ambamata, Dist.
Udaipur, Raj. (Lodged In Central Jail Udaipur, Raj.)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Firoz Khan.
For Respondent(s) : Mr. C.S.Ojha, PP
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
HON'BLE MR. JUSTICE CHANDRA SHEKHAR SHARMA
Order
23/03/2026
1. The present application has been filed by the applicant under
Section 430 of BNSS, 2023 read with 389 of the Cr.P.C. seeking
suspension of sentence awarded to him by the learned Special
Judge, Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities Cases), Udaipur (hereinafter referred to as 'trial Court')
vide judgment dated 05.11.2024 passed in Session Case
No.38/2018 (CIS No.168/2018), whereby following sentences
have been awarded against the accused-applicant.
S.No Offence Sentence Fine
1. 302/34 Rigorous To pay a fine of Rs.1,00,000/-; in
IPC Imprisonment for default thereof to further undergo
Life one year's additional rigorous
imprisonment.
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[2026:RJ-JD:13607-DB] (2 of 4) [SOSA-2074/2025]
2. 323/34 One year rigorous to pay a fine of Rs.1000/-; in
IPC imprisonment. default thereof to further undergo
one month additional rigorous
imprisonment.
3. 3/25 Three years to pay a fine of Rs.10,000/-; in
Arms rigorous default thereof to further undergo
Act imprisonment three months additional rigorous
imprisonment.
2. Learned counsel for the applicant-appellant submits that in
the case of co-accused Praveen Nanda @ Prince and Sunil Lot @
Bunty, their applications seeking suspension of sentence have
been granted by a coordinate bench of this court vide orders dated
13.08.2025 and the case of the present applicant-appellant is
similar to the case of the co-accused whose sentence has been
suspended. 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 persons whose sentences have 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 Special Judge, Scheduled
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[2026:RJ-JD:13607-DB] (3 of 4) [SOSA-2074/2025]
Castes and Scheduled Tribes (Prevention of Atrocities Cases),
Udaipur vide judgment dated 05.11.2024 passed in Session Case
No.38/2018 (CIS No.168/2018) against the applicant - Krishna
S/o Shri Ghanshyam 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 23.04.2026 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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[2026:RJ-JD:13607-DB] (4 of 4) [SOSA-2074/2025]
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
38-AnilSingh/-
(Uploaded on 23/03/2026 at 04:48:08 PM)
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