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2025 Supreme(RAJ) 260

HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MANOJ KUMAR GARG, J
Banshilal – Appellant
Versus
State Of Rajasthan – Respondent


Advocates:
Mr. Pushkar Tamini, Mr. Deepak Choudhary, GA cum AAG with Mr. Kuldeep Singh Kumpawat

Order :

1. Heard.

2. Admit. Issue Notice.

3. Learned AAG accepts notice on behalf of respondent No.1 -State.

4. Issue notice to respondent No.2, returnable within eight weeks.

5. Call for record.

6. Heard on application for suspension of sentence.

7. Upon a consideration of the arguments advanced by the appellant(s) and having regard to the facts and circumstances of the case including the fact that hearing of the appeal is likely to take time, therefore, this court is of the opinion that it is a fit case for suspending the sentence awarded to the accused appellant(s).

8. Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C . [Section 430 BNSS] is allowed and it is ordered that the sentence passed by the learned Additional Sessions Judge, No.2, District Chittorgarh vide judgment dated 21.02.2025 in Sessions Case No.153/2017 against the appellant- applicant(s) – 1. Banshilal S/o Babulal Bawri, 2. Santosh W/ o Banshilal Bawri and 3. Prakash S/o Sajjan Bawri shall remain suspended till final disposal of the appeal and he/she/they shall be released on bail provided he/she/they executes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000

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