HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Suspension of Sentence Application No.1433/2025 in S.B. Criminal Appeal (Sb) No. 1897/2025 Arshad S/o Razak Khan, Aged About 23 Years, R/o Ward No. 24, New Ward No. 31, Sardarshahar, District Churu (Rajasthan) (At Present Lodged At District Jail Churu)

----Appellant Versus State Of Rajasthan, Through Pp ----Respondent For Appellant(s) : Mr. Jaipal Singh For Respondent(s) : Mr. Surendra Bishnoi, AGA HON'BLE MR. JUSTICE FARJAND ALI

Order

29/07/2025

1. The instant application for suspension of sentence has been moved on behalf of the applicant in the matter of judgment dated 30.06.2025 passed by the learned Judge, Juvenile Court (Sessoins Judge), District Churu in Sessions Case No.60/2021 whereby he was convicted for the offences under Section 395 of the IPC and Section 9/25 of the Arms Act and sentenced to suffer maximum punishment of 10 years R.I. for the offence under Section 395 of the IPC and lesser sentence for the other offence.

2. It is contended by the learned counsel for the appellant that the learned trial Judge has not appreciated the correct, legal and factual aspects of the matter and thus, reached at an erroneous conclusion of guilt, therefore, the same is required to be appreciated again by this court being the first appellate Court. Hearing of the appeal is likely to take long time, therefore, the application for suspension of sentence may be granted.

3. Per contra, learned public prosecutor has vehemently opposed the prayer made by learned counsel for the accused- applicant for releasing the appellant on application for suspension of sentence.

4. Heard learned counsel for the parties and perused the material available on record.

5. Considering the submission that at the time of commission of the offence the petitioner was juvenile and he had to face the rigor trial for long four years so also considering the fact that co- accused Sandesh, whose case is identical, has been granted bail by this court vide order dated 11.07.2025 and hearing of the appeal would likely to take a long time, this court is of the opinion that it is a fit case for suspending the sentence awarded to the accused-appellant.

6. Accordingly, the application for suspension of sentence filed under Section 430 of the BNSS is allowed and it is ordered that the sentence passed by learned trial court, the details of which are provided in the first para of this order, against the appellant- applicant named above shall remain suspended till final disposal of the aforesaid appeal and he shall be released on bail provided he executes a personal bond in the sum of Rs.50,000/-with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 25.08.2025 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

1. That he will appear before the trial Court in the month of January of every year till the appeal is decided.

2. That if the applicant changes the place of residence, he will give in writing his changed address to the trial Court as well as to the counsel in the High Court.

3. Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court.

7. The learned trial Court shall keep the record of attendance of the accused-applicant in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused- applicant was tried and convicted. A copy of this order shall also be placed in that file for ready reference. Criminal Misc. file shall not be taken into account for statistical purpose relating to pendency and disposal of cases in the trial court. In case the said accused applicant does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail. (FARJAND ALI),J

34-Pramod/-