[2026:RJ-JD:14112]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Appli No. 178/2026 Naru @ Narayan @ Nariya S/o Shri Mangu Kalbeliya, Aged About 35 Years, R/o Akhepur, Nangwad, Ps Mangalwad, Dist Chittorgarh. (Lodged In Central Jail, Jodhpur)

----Petitioner Versus State Of Rajasthan, The State Of Rajasthan Through Pp ----Respondent For Petitioner(s) : Mr. Pravin Kumar Choudhary For Respondent(s) : Mr. Surendra Bishnoi, AGA HON'BLE MR. JUSTICE FARJAND ALI

Order

19/03/2026

1. The present criminal miscellaneous application has been preferred on behalf of the applicant-appellant seeking modification of the order dated 12.02.2024 passed by this Court in S.B. Criminal Misc. III Suspension of Sentence Application (Appeal) No. 122/2024, to the extent of relaxing the condition requiring furnishing of sureties, with a prayer that the applicant be released on personal bond only.

2. Learned counsel for the applicant-appellant submits that although this Court, vide order dated 12.02.2024, suspended the substantive sentence awarded to the applicant-appellant, the benefit of the said order has not enured to him till date. It is submitted that the applicant-appellant continues to remain in custody for a substantial period of more than two years and eight months and, despite lapse of considerable time after passing of the suspension order, he has not been able to furnish the sureties as directed, owing to his indigent condition and absence of any person to stand surety on his behalf. It is further submitted that the continued incarceration of the applicant-appellant, despite suspension of sentence, renders the relief granted by this Court illusory.

3. Learned Public Prosecutor has opposed the application.

4. This Court has considered the submissions advanced at the Bar and has gone through the material available on record.

5. It is not in dispute that the substantive sentence awarded to the applicant-appellant stands suspended by this Court vide order dated 12.02.2024. It is also not disputed that despite such suspension, the applicant-appellant has not been released and continues to remain in custody. A considerable period has elapsed after passing of the order of suspension of sentence, yet the applicant-appellant has not been able to comply with the condition of furnishing sureties.

6. It is also noteworthy that the applicant-appellant belongs to the Kalbelia community, a historically marginalized and economically disadvantaged group, often lacking the means and social support required to furnish sureties. The continued incarceration of the applicant, despite lapse of considerable time after suspension of sentence, appears to be a consequence of such incapacity rather than any deliberate non-compliance.

7. In the considered opinion of this Court, once the sentence has been suspended, the conditions imposed for release must be reasonable and capable of compliance. If, on account of financial incapacity, an accused is unable to furnish sureties and continues to remain in custody for a prolonged period, the very purpose of suspension of sentence stands frustrated. Continued incarceration in such circumstances would be unjustified.

8. Having regard to the totality of facts and circumstances of the case, particularly the prolonged custody of the applicant- appellant, the time elapsed after passing of the order dated 12.02.2024, and his inability to furnish sureties, this Court is of the opinion that the condition requiring furnishing of sureties deserves to be modified.

9. Accordingly, the present application is allowed. The order dated 12.02.2024 passed by this Court in S.B. Criminal Misc. III Suspension of Sentence Application (Appeal) No. 122/2024 is modified to the extent that the requirement of furnishing sureties is waived. The applicant-appellant shall be released on bail upon furnishing a personal bond in the sum of Rs.1,00,000/- to the satisfaction of the learned trial Court, subject to all other conditions as stipulated i