HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal (Sb) No. 2271/2025

1. Ravi Munidiya @ Ravikant S/o Kailash Munadiya, Aged About 27 Years, Dhayal Dharamkatta Ke Pass, Ward No.

13, Bisau, Police Station Bisau, District Jhunjhunu

2. Rajkumar @ Raju Killer S/o Tarachand, Aged About 22 Years, Bani Ka Baas, Police Statoin Dudhwakhara, District Churu, Rajasthan ----Appellants Versus State Of Rajasthan, PP ----Respondent For Appellant(s) : Mr. SK Verma For Respondent(s) : Mr. Narendra Gehlot, PP Mr. Omprakash Choudhary HON'BLE MR. JUSTICE SANDEEP SHAH

Order

25/09/2025 IN S.B. Criminal Appeal (S B ) No. 2271/2025 :-

1. Admit.

2. Call for the record.

IN S.B. Criminal Misc. Suspension of Sentence Application No. 1786 /2025:-

1. Heard learned counsel for the appellants-applicants as well as learned Public Prosecutor and perused the material available on record.

2. Learned counsel for the appellants-applicants submits that the appellants-applicants have been convicted under Section 03/25 of the Arms Act, 1959 & under Section 323 IPC. He submits that the punishment imposed upon the appellants-applicants are one year’s simple imprisonment. He also submits that the appellants-applicants were on bail during the course of trial. He also submits that the injury, which has been fortified by PW.7- Dr. Govind Besarwal, does not show any of the ingredients to be treated as grievous injury, and there is no chance of hearing of the appeal in near future. He, therefore, implores this Court to allow the suspension of sentence application.

3. Learned Public Prosecutor opposes the application for suspension of sentence and submits that the learned Trial Court, after considering the evidence threadbare, has rightly convicted the appellants-applicants for the offences in question, the appellants-applicants are not entitled for grant of any indulgence from this Court.

4. Upon consideration of the arguments advanced on behalf of both the sides and having regard to the facts and circumstances of the case, including the facts that the punishment imposed upon the appellants-applicants is only one year’s simple imprisonment, they were on bail during the course of trial, appellants-applicants have been exonerated as far as the offences under Section 307 is concerned and the chances of hearing of appeal in near future being bleak, this Court is of the opinion that it is a fit case for suspending the sentences awarded to the accused appellants-

applicants.

5. Accordingly, the application for suspension of sentence filed under Section 430 of BNSS is allowed and it is ordered that the sentence passed by the learned Additional Session Judge, Churu, vide judgment dated 10.09.2025 in Session Case No.230/2018, against the appellants-applicants, namely Ravi Munidiya @

Ravikant S/o Kailash Munadiya & Rajkumar @ Raju Killer S/o Tarachand, shall remain suspended till final disposal of the aforesaid appeal and they shall be released on bail, provided each of them execute a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for their appearance in this court on 28.10.2025 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

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

2. That if the applicant(s) changes the place of residence, he/she/they will give in writing his/her/their changed address to the trial Court as well as to the counsel in the High Court.

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

6. The learned trial Court shall keep the record of attendance of the appellants-applicants in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the appellant-applicant were tried and convicted. A copy of this order shall also be placed in that file for ready ref