[2026:RJ-JD:10136-DB]

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

No. 347/2026 Kishan Singh @ Kishore Singh S/o Dungar Singh, Aged About 37 Years, R/o Palra Police Station Bhim, District Rajsamand.

(At Present Lodged In Distt. Jail, Rajsamand).

----Petitioner Versus State of Rajasthan, Through PP.

----Respondent For Petitioner(s) : Mr. Tarun Dhaka.

For Respondent(s) : Mr. Deepak Choudhary, GA-cum-AAG.

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

Order

25/02/2026

1. The present application has been filed by the applicant under Section 430 of BNSS seeking suspension of sentence awarded to him by the learned Additional Sessions Judge, Rajsamand (hereinafter referred to as ’trial Court’) vide judgment dated 16.10.2025 passed in Session Case No.36/2019, whereby following sentences have been awarded against the accused-

applicant.

2. Learned counsel for the applicant-appellant submits that the application of the co-convict- Smt. Teji Devi and Kalu Singh, seeking suspension of sentence has already been allowed by this Court vide order dated 30.01.2026 and the case of the present applicant-appellant is similar to the case of the co-convict- Smt. Teji Devi and Kalu Singh. He, therefore, prays that the sentence in the case of present applicant-appellant may also be suspended during pendency of the present appeal.

3. Per contra, learned Public Prosecutor opposed the present application seeking suspension of sentence, but he is unable to distinguish the case of the present applicant vis-a-vis the case of the co-convict persons whose sentence has already been suspended.

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

5. Taking into consideration the fact that the sentence of the co-convict persons has already been suspended by this Court and the case of the present applicant is not distinguishable vis-a-vis the case of co-convicts, without commenting on the merit and demerit of the case, this Court deems it appropriate to suspend the sentence of the applicant-appellant also.

6. Accordingly, the application seeking suspension of sentence filed by the applicant-appellant is hereby allowed. It is ordered that the sentence passed by the learned Additional Sessions Judge, Rajsamand vide judgment dated 16.10.2025 in Session Case No.36/2019 against the applicant – Kishan Singh @ Kishore Singh S/o Dungar 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 27.03.2026 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 that file for ready reference. Criminal Misc. file shall not be taken into account for