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2026 Supreme(Online)(Raj) 8

HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
MAHENDAR KUMAR GOYAL, CHANDRA PRAKASH SHRIMALI
MURARI SON OF RAMAN – Appellant
Versus
STATE OF RAJASTHAN – Respondent


Judgement Key Points

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 (!) .

Would you like a more detailed analysis or assistance with a specific aspect of this case?


[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-

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