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2025 Supreme(Raj) 28

HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
MR. MANINDRA MOHAN SHRIVASTAVA, CJ, MR. JUSTICE BHUWAN GOYAL, J
Balchand S/O Shri Jailal – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Advocate Appeared:
Mr. Govind Prasad Rawat, Mr. Rajesh Chaudhary, GA-cum-AAG, Mr. Gaurav Gupta, Mr. Vikash Sharma, Mr. Dinesh Kumar Garg

ORDER :

1. Heard on fourth application for suspension of sentence and grant of bail to the appellants namely, Balchand S/o Shri Jailal & Mahaveer @ Bula S/o Shri Balchand @ Bala.

2. Learned counsel for the appellants would argue that even though the appellants’ jail sentence with benefits of remission has exceeded 12 years by now, the appeal has not been heard. He would submit that though the case was directed to be listed on 15.01.2024, it was not taken up for hearing. He would further submit that present is not a case of extraordinary or extenuating circumstances that despite such a long period of jail sentence having undergone by the appellants, the application should be rejected only on that ground. Therefore, when the appeal is not being heard finally, the application may be allowed.

3. On the other hand, learned GA-cum-AAG opposed the application for suspension of sentence and grant of bail and would submit that earlier applications were considered and rejected on merits. He would submit that the case was directed to be listed for final hearing on 15.01.2024. If for some reason, hearing could not take place, that does not entitle the appellants to get benefit. He would submit th

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