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2025 Supreme(RAJ) 843

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


Advocates:
Mr. Tejmal Ranka with Mr. Ashok Parihar, Ms. Sonu Manawat, PP

Order :

1. Heard.

2. Admit. Call for record.

3. Issue notice.

4. Learned Public Prosecutor accepts notice on behalf of sole respondent.

5. Heard learned counsel for the petitioner and learned public prosecutor on application for suspension of sentence No.10/2025.

6. Learned counsel for the petitioner submits that petitioner was on bail during the trial and the sentence of similarly situated co-accused Bharat has already been suspended. Counsel further submits that the fine amount has already been deposited by the petitioner.

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 Seemalwara, District Dungarpur, in Criminal Original Case No.50/2006 (CIS No.1460/2015) vide order dated 06.12.2017 as partly allowed by the Learned Addl. Sessions Judge Dungarpur vide order dated 09.12.2024 in Cr. Appeal No.122

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