[2025:RJ-JD:40732-DB]

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

No. 1718/2025

1. Mahesh @ Mahesh Kumar S/o Maniya @ Mani Singh Gamar, Aged About 24 Years, R/o Village Bujha, P.s. Mandawa Dist. Udaipur,raj. (At Present Lodged In Central Jail, Udaipur)

2. Smt. Bhikhli W/o Maniya @ Mani Singh, Aged About 45 Years, R/o Village Bujha, P.s. Mandawa Dist. Udaipur,raj.

(At Present Lodged In Central Jail, Udaipur)

----Petitioners Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Anuj Sahlot For Respondent(s) : Mr. Rajesh Bhati, PP HON'BLE MR. JUSTICE MANOJ KUMAR GARG HON'BLE MR. JUSTICE RAVI CHIRANIA

Order

11/09/2025 Heard learned counsel for the parties on the application for suspension of sentence.

The instant application for suspension of sentence has been preferred by the appellant-applicants, who have been convicted and sentenced by the learned Addl. Sessions Judge No.2 Udaipur, vide judgment dated 29.07.2024 in Sessions Case No.193/2020.

The appellant-applicants have been sentenced as under:-

Learned counsel for the appellants-applicants has submitted that no specific role has been assigned to the accused appellants. Accused appellants were on bail during the trial and hearing of the appeal will take sufficient long time. It is, thus, prayed that the sentence awarded to the appellants-applicants by the trial court may be suspended.

Per contra, learned Public Prosecutor has vehemently opposed the application for suspension of sentence.

Having heard learned counsel for the parties; after carefully scrutinizing the record of the case and taking into consideration that the appellants were on bail during the trial, this Court is inclined to suspend the sentence awarded to the appellants-

applicants by the trial court vide judgment impugned.

Accordingly, this application for suspension of sentence filed under Section 430 BNSS is allowed and it is ordered that the substantive sentence passed by the learned Addl. Sessions Judge No.2, Udaipur in Sessions Case No.193/2020 against appellants- applicants namely (1) Mahesh @ Mahesh Kumar S/o Maniya @ Mani Singh Gamar & (2) Smt. Bhikhli W/o Maniya @ Mani Singh, shall remain suspended till final disposal of the aforesaid appeal provided they execute a personal bond in the sum of Rs.50,000/- each with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for their appearance in this Court on 13.10.2025 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

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

2. That if the appellants changes the place of residence, they will give in writing his changed address to the trial Court as well as to the counsel in the High Court.

3. Similarly, if the sureties change their address, they will give in writing their changed address to the trial Court.

The learned trial Court shall keep the record of attendance of the accused-appellants in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-appellant 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 statistical purpose relating to pendency and disposal of cases in the trial court. In case the said accused-appellants do not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.

(RAVI CHIRANIA),J (MANOJ KUMAR GARG),J

45-Ishan/-