[2026:RJ-JD:7121-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal)

No. 1610/2025 Sukhdev Singh S/o Gurjant Singh, Aged About 35 Years, R/o Ayaalki P.S. Goluwala District Hanumangarh Raj.

(Presently Lodged In Central Jail Bikaner)

----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Ranjeet Singh Gill.

For Respondent(s) : Mr. Rajesh Bhati, PP.

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR HON'BLE MR. JUSTICE CHANDRA SHEKHAR SHARMA

Order

09/02/2026

1. The present application has been filed by the applicant under Section 430 of BNSS, 2023 seeking suspension of sentence awarded to him by the learned Additional Sessions Judge No.2, Hanumangarh (hereinafter referred to as ’trial Court’) vide judgment dated 03.05.2023 passed in Session Case No.113/2018, whereby following sentences have been awarded against the accused-applicant.

2. Learned counsel for the applicant-appellant submits that the eye witness PW-4 Jagtar Singh and PW-5 Ravi Singh are not corroborated by the injuries sustained by the deceased. He further submits that as per the statement of PW-3 Dr. Amit Sharma, there are only three injuries and the kind of injuries found on the body of deceased could not come if the tractor is being driven more than 2 to 3 times over the body of the deceased. He further submits that a number of injuries would have been far more than what has been described in the statement of PW-3, had the statement of PW-4 and PW-5 being true. He further submits that it is a plain and simple case of accident without any intention to cause fatal injuries to the deceased. He further submits that the applicant has suffered incarceration of more than 7 and a half years. He, therefore, prays that the sentence in the case of present applicant-appellant may be suspended during pendency of the present appeal.

3. Per contra, learned Public Prosecutor opposed the submissions made by learned counsel for the appellant-applicant.

4. We have considered the submissions made at the Bar and have gone through the relevant record of the case.

5. In the considered opinion of this Court, without commenting on the merit and demerit of the case, this Court deems it appropriate to suspend the sentence of the applicant-appellant.

6. Accordingly, the application for suspension of sentence filed by the applicant-appellant is hereby allowed. It is ordered that the sentence passed by the learned Sessions Judge, Hanumangarh vide judgment dated 03.05.2023 in Session Case No.113/2018 against the applicant – Sukhdev Singh S/o Gurjant Singh 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.1,00,000/- each with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance in this Court on 16.03.2026 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

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

(ii) 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.

(iii) Similarly, if the sureties change their address, 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 th