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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
MAHENDAR KUMAR GOYAL,
CHANDRA PRAKASH SHRIMALI
MURARI SON OF RAMAN – Appellant
Versus
STATE OF RAJASTHAN – Respondent
SOSA / 1321 / 2025
Certainly. Here are the key points extracted from the provided legal document:
The case involves multiple appellants convicted by the learned Additional Sessions Judge No.3 Bharatpur in a Sessions Case, with sentences awarded on various charges including Section 148 IPC, Section 341 IPC, Section 323/149 IPC, and Section 302 & 302/149 IPC, with the substantive sentences to run concurrently (!) - (!) .
The appellants filed applications for suspension of their sentences under Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023, along with their appeals (!) .
The appellants have been convicted mainly for involvement in an incident resulting in the death of the deceased, with some evidence suggesting their participation was under the influence of an unlawful assembly and in furtherance of a common object (!) - (!) .
The prosecution witnesses' testimonies and the site plan indicate that witnesses may not have been present at the scene or may lack credibility, as their ability to see the incident is questionable (!) .
The postmortem report shows that the deceased sustained only three injuries, all with a sharp-edged weapon, and the fatal injury was attributed to a co-accused who was convicted under Section 302 IPC. The applicants were convicted with the addition of Section 149 IPC, but there is no concrete evidence that any of them used sharp weapons (!) .
The applicants were on bail during the trial, with no allegations of misuse, and the likelihood of the appeals being heard in the near future is low (!) .
The court found substantial grounds to suspend the sentences, considering the doubts about witness credibility, the nature of injuries, and the absence of direct evidence linking the applicants to the use of weapons (!) .
The court granted the suspension of the substantive sentences, allowing the applicants to be released on bail upon furnishing bail bonds, with conditions including appearing before the court regularly, informing the court of any change in residence or surety address, and maintaining records of attendance (!) - (!) .
Failure to appear before the court may result in the cancellation of the benefit of suspension, and the court shall be informed of any change in address by the applicants or their sureties (!) .
The order emphasizes that the record of attendance will be maintained separately and that the benefit of suspension is conditional and subject to compliance with the conditions set by the court (!) .
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[2026:RJ-JP:859-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Criminal Misc. Suspension Of Sentence Application No.
1464/2025
In
D.B. Criminal Appeal No.325/2025
1. Shibba Alias Shiv Kumar S/o Har Prasad
2. Kapil Panchori S/o Harprasad
3. Jitendra Kumar Alias Jeetu S/o Harpasad
Resident of Village Mehgaya Police Station Udyog Nagar,
District Bharatpur (Raj)
(At Present Confined In Central Jail Bharatpur (Raj)
----Accused-Appellants
Versus
State Of Rajasthan, Through P.P
----Respondent Connected With
D.B. Criminal Misc. Suspension Of Sentence Application No.
1321/2025
In
D.B. Criminal Appeal No.292/2025
1. Murari Son Of Raman
2. Pintu Alias Ajay Singh Son Of Mohan,
Both Residents Of Village Manhgaya Police Station Udyog
Nagar, District Bharatpur (Rajasthan)
At Present Lodged In District Jail Sewar (Bharatpur)
----Appellants-Accused
Versus
State Of Rajasthan, Through The Public Prosecutor
----Respondent
D.B. Criminal Misc. Suspension Of Sentence Application No.
1322/2025
In
D.B. Criminal Appeal No.293/2025
1. Premchand S/o Suresh 2. Hargovind S/o Suresh,
Both R/o Village Mahangaya Police Station Udhyog Nagar,
District Bharatpur Rajastahn
(At Present Confined In Central Jail Sewar Bharatpur)
----Accused-Appellants Versus State of Rajasthan, through P.P ----Respondent D.B. Criminal Misc. Suspension Of Sentence Application No.
1330/2025 In D.B. Criminal Appeal No.298/2025
1. Mahesh Son Of Gangaram
2. Ramchandra Son Of Totaram
3. Ramveer Son Of Lalaram
4. Bhagwansingh Son Of Gangaram All are R/o Village Manhgaya Police Station Udyog Nagr District Bharatpur Rajasthan (At Present Confined In Central Jail Bharatpur)
----Accused-Appellant Versus The State Of Rajasthan, Through P.P.
----Respondent For Petitioner(s) : Mr. Suresh Pareek, Sr. Adv. with Mr. S.L. Sharma Mr. Ashvin Garg assisted by Mr. Nonit Hatila Mr. Mahendra Choudhary Mr. Rajeev Kumar Sogarwal with Mr. Sanjeev Kumar Sogarwal Mr. N.K. Tiwari For Respondent(s) : Mr. Vivek Sharma, P.P. assisted by Ms. Neha Goyal Mr. Anurag Sharma assisted by Ms. Shreya Hatila Mr. Akshat Sharma HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL HON'BLE MR. JUSTICE CHANDRA PRAKASH SHRIMALI
Judgment / Order
09/01/2026 These suspension of sentence applications under Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023 have been filed by the accused-applicants (for brevity, “the applicants”) alongwith the appeals. The applicants have been convicted and sentenced by the learned Additional Sessions Judge No.3 Bharatpur (for short, ‘the learned trial Court’) vide judgment dated 13.06.2025 passed in Sessions Case No.10/2018 (CIS No.95/2017) as under:-
1. Under Section 148 IPC: Two years’ simple imprisonment and fine of ₹2,000/- in default thereof, fifteen days’ additional simple imprisonment.
2. Under Section 341 IPC: Fifteen days’ simple imprisonment and fine of ₹500/- in default thereof, seven days’ additional simple imprisonment.
3. Under Section 323/149 IPC: Three months’ simple imprisonment and fine of ₹500/- in default thereof, seven days’
additional simple imprisonment.
4. Under Section 302 & 302/149 IPC: Life imprisonment and fine of ₹50,000/- in default thereof, one year’s additional simple imprisonment.
All the substantive sentences to run concurrently.
Learned Senior Counsel-Shri Suresh Pareek assisted by Mr.
Shanker Lal Sharma appearing for the applicants-Shibba @ Shiv Kumar, Kapil Panchori and Jitendra Kumar @ Jeetu and learned counsels for the other applicants canvass that they have falsely been implicated in this case.
Inviting attention of this Court towards the statements of the prosecution witnesses-S/Shri Shivram (PW-1), Jawahar Singh (PW-2) and Karan Singh (PW-3) and the site plan (Exhibit P-4), they would submit that none could have seen the incident from the place they were shown to be present at the time of incident and their testimony is not creditworthy. They further submit that as per the postmortem report (Exhibit P-50), the deceased-Shri Vikram has received three injuries; all with sharp edged weapon but, except
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