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2025 Supreme(RAJ) 25

HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE MANOJ KUMAR GARG, J
PAPPU KHAN – Appellant
Versus
STATE OF RAJASTHAN – Respondent


Advocates:
Mr. Shrawan Kumar Bishnoi, Mr. Kuldeep Singh Kumpawat, Asst. to Mr. Deepak Choudhary, AAG

ORDER :

MANOJ KUMAR GARG, J.

1.Heard.

2. Admit.

3. Issue notice.

4. Learned Asst. to Addl. Advocate General accepts notice on behalf of sole respondent, therefore, notice need not be issued.

5. Heard on application of suspension of sentence No.454/2025.

6. Learned counsel for the appellant submits that the sentence of the appellants have already been suspended by the trial Court for a period of one month and the appellants were not in custody, therefore, the sentence of the appellants may be suspended.

7. Upon a consideration of the arguments advanced on behalf of the appellant and having regard to the facts and circumstances of the case, this court is of the opinion that it is a fit case for suspending the sentence awarded to the accused appellants.

8. Accordingly, the application for suspension of sentence filed under Section 430 (2) BNSS is allowed and it is ordered that the sentence passed by the learned Addl. Sessions Judge No.2, Nimbahera, District Chittorgarh, vide judgment dated 21.02.2025 in Sessions Case No.12/2018 (52/2016) (CIS No.53/2018) against the appellant-applicants (1) Pappu Khan S/o Mirbaj Khan, (2) Nishad Khan S/o Pappu Khan, (3) Abdul Bahab @ Gauru S/o Abdul Gani, (4)

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