[2026:RJ-JP:3706-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc. Application for Suspension Of Sentence No.

2516/2025 In D.B. Criminal Appeal No.526/2025 Suresh S/o Shri Kishore, Aged 29 Years, Resident Of Gaon Sujawasa, Tehsil Dantaramgarh, Police Station Dantaramgarh, District Sikar (Raj.). (At Present Accused Confined In Central Jail At Jaipur)

----Applicant -Accused- Appellant Versus State of Rajasthan, through Public Prosecutor.

----Respondent For Petitioner(s) : Mr. Ghan Shyam Singh Rathore with Mr. Kirti Vardhan Singh Rathore For Respondent(s) : Mr. Rajesh Choudhary, GA cum AAG with Mr. Aman Agarwal Ms. Neha Goyal Mr. Vinod Sharma HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL HON'BLE MR. JUSTICE CHANDRA PRAKASH SHRIMALI

Judgment / Order

28/01/2026 This suspension of sentence application under Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the accused-applicant (for brevity, “the applicant”) alongwith the appeal. The applicant has been convicted and sentenced by the learned District and Sessions Judge No.6, Jaipur Metropolitan- Second (for short, ‘the learned trial Court’) vide judgment dated 06.11.2025 passed in Sessions Case No.16/2022 (CIS No.454/2022) as under:-

1. Under Section 302/34 IPC: Life imprisonment and fine of ₹50,000/- in default thereof, three months’ additional simple imprisonment.

2. Under Section 341 IPC: One month’s simple imprisonment and fine of ₹500/- in default thereof, seven days’ additional simple imprisonment.

3. Under Section 323 IPC: One year’s simple imprisonment and fine of ₹500/- in default thereof, fifteen days’ additional simple imprisonment.

All the substantive sentences to run concurrently.

Learned counsel for the applicant submits that the incident occurred at the spur of moment. Inviting attention of this Court towards the postmortem report of the body of the deceased (Exhibit P-45) and statements of Dr. N.L. Disania (PW-23) and Dr. Gyanprakash (PW-29)-Members of the Medical Board, he would submit that the deceased-Vishal died on account of two head injuries which have specifically been attributed by the eye witnesses such as Himanshu Sain (PW-3), Manvendra Singh Rathore (PW-4), Kanakvardhan (PW-5), Pushpendra Sain (PW-6) and Monu Yadav (PW-31) to co-accused. Learned counsel submits that the applicant was on bail during trial, hearing of the appeal is likely to take time and prays for suspension of substantive sentence awarded to him vide judgment impugned dated

06.11.2025 during pendency of the appeal.

Per contra, learned Government Advocate cum Additional Advocate General opposed the prayer.

Heard. Considered.

The learned trial Court has held that the incident occurred at the spur of moment and there was no premeditation to murder Vishal. As per the medical evidence, the deceased-Vishal has succumbed to two head injuries which, as per the eye witnesses named hereinabove, have been attributed to co-accused and not to the present applicant. The applicant was on bail during trial with no allegation of its misuse. In view thereof, we are inclined to allow the application for suspension of sentence filed by the applicant.

Accordingly, the suspension of sentence application is allowed. Substantive sentences awarded to the applicant by the learned trial Court vide judgment dated 06.11.2025 shall remain suspended during pendency of the appeal and the applicant- Suresh S/o Shri Kishore shall be released on bail provided he furnishes bail bonds to the satisfaction of the learned trial Court to the effect that he shall appear before this Court on or before 04.03.2026 and as and when called upon to do so till disposal of the appeal and subject to the following conditions:-

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

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