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2025 Supreme(RAJ) 64

HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MANOJ KUMAR GARG
SURESH GIRI – Appellant
Versus
STATE OF RAJASTHAN – Respondent


ORDER :

MANOJ KUMAR GARG, J.

1.Heard.

2. Admit. Call for record.

3. Issue notice.

4. Learned Asst. to Addl. Advocate General accepts notice on behalf of respondent No.1. Thus, notice be issued to respondent No.2, returnable within eight weeks.

5. Heard learned counsel for the petitioner and learned Asst. to Addl. Advocate General on application for suspension of sentence No.78/2025.

6. Learned counsel for the petitioner submits that petitioner has been in custody and hearing of the petition will take sufficient long time.

7. Upon a consideration of the arguments advanced on behalf of the petitioner 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 petitioner.

8. Accordingly, the application for suspension of sentence filed under Section 438/442 BNSS is allowed and it is ordered that the substantive sentences passed by the Learned Judicial Magistrate Gangrar, District Chittorgarh, in Criminal Regular Case No.06/2021 vide order dated 08.04.2024 as affirmed by the Learned Addl. District & Sessions Judge No.2, Chittorgarh, vide order dated 29.01.2025 in Cr. Appeal No.62/2024 against

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