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[2026:RJ-JD:24184]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Cr. Misc. Suspension of Sentence Application

(Appeal) No. 869/2026

in

S.B. Criminal Appeal (Sb) No. 914/2026

Sheru S/o Pyarchand, Aged About 19 Years, R/o Bhemli P.S.

Sadar, Nimbahera, Chittorgarh

(At Present Lodged In Dist. Jail, Chittorgarh)

----Appellant

Versus

State Of Rajasthan, Through Pp

----Respondent

For Appellant(s) : Mr. Mangilal Vishnoi

For Respondent(s) : Mr. Hanuman Prajapati, Public

Prosecutor

HON'BLE MS. JUSTICE REKHA BORANA

Order

19/05/2026

1. By way of the instant application under Section 430 of BNSS,

the appellant-applicant seeks suspension of sentence awarded to

him vide judgment dated 06.04.2026 passed by Additional

Sessions Judge No.2, Nimbahera, District Chittorgarh in Sessions

Case No.18/2020 (CIS No. 60/2017) whereby the appellant-

applicant has been convicted and sentenced to suffer maximum

imprisonment of two years RI alongwith fine of Rs.2,000/- under

Section 353/149, IPC; six months RI alongwith a fine of Rs.

1,000/- under Section 427/149, IPC; five years RI alongwith a fine

of Rs.5,000/- under Section 333/149, IPC and lesser punishment

for the other offences under Sections 148, 323/149, 353/149,

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427/149, 283/149, 342/149, IPC and Section 3 of PDPP Act as

well as Section 8 B of National Highways Act alongwith fine and

default sentence.

2. Counsel for the appellant-applicant submits that vide the

impugned judgment, 19 accused were convicted. However,

sentence qua 15 accused persons have already been suspended

by a co-ordinate Bench of this Court vide order dated 10.04.2026

passed in S.B. Cr. Misc. Suspension of Sentence Application No.

670/2026 and two other connected matters.

5. Learned Public Prosecutor vehemently opposed the

application for suspension of sentence.

6. Heard the Counsels and perused the material available on

record.

7. Having considered the overall facts and circumstances of the

case and the fact that the sentence of 15 co-accused has already

been suspended by a co-ordinate Bench.

8. Accordingly, the present application for suspension of

sentence filed under Section 430 BNSS (corresponding to Section

389 Cr.P.C.) is allowed and it is ordered that the sentences

passed by learned Additional Sessions Judge No.2, Nimbahera,

District Chittorgarh in Sessions Case No.18/2020 (CIS No.

60/2017) vide judgment dated 06.04.2026 against the appellant-

applicant namely Sheru S/o Pyarchand 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.50,000/-with two sureties of Rs.25,000/- each to the

satisfaction of the learned Trial Judge and whenever ordered to do

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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 change the place of residence,

he shall furnish 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(s),

they shall furnish in writing their changed address to

the Trial Court.

9. The learned Trial Court shall keep the record of attendance of

the accused-applicant in a separate file. Such file shall be

registered as a 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 statistical

purpose relating to pendency and disposal of cases in the Trial

Court. In case the said accused applicant does not appear before

the Trial Court, the learned Trial Judge shall report the matter to

the High Court