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[2026:RJ-JP:20998-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

D.B. Criminal Misc. Bail (Suspension of Sentence) Application No.

66/2026

In

D.B. Criminal Appeal No.506/2025

Narendra S/o Mohansingh, R/o Babekhar, Police Station

Bhusawar, District Bharatpur (Rajasthan) (At Present Accused

Confined in Central Jail, Bharatpur)

----Accused/Appellant

Versus

The State of Rajasthan, through P.P.

----Respondent/State

For Petitioner(s) : Mr. Pankaj Gupta assisted by

Mr. Saurabh Yadav

For Respondent(s) : Mr. Naresh Kumar Gupta, P.P.

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

Order

19/05/2026

This suspension of sentence application under Section 430 of

the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by

the accused-applicant (for brevity, “the applicants”) alongwith the

appeal. The applicant has been convicted and sentenced by the

learned Additional Sessions Judge, Weir, District Bharatpur (Raj.)

(for short, ‘the learned trial Court’) vide judgment dated

06.11.2025 passed in Sessions Case No.10/2023 (CIS

No.10/2023) as under:-

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1. Under Section 302 read with Section 34 IPC : Life

imprisonment and fine of ₹50,000/-; in default whereof, three

months’ additional simple imprisonment.

Learned counsel for the applicant submits that as per the

postmortem report (Exhibit P.-30) of the body of the deceased-Kan

Singh S/o Ganga Singh, he had received only one punctured

lacerated wound on the left side of the chest which was found to

be fatal and as per prosecution case, it is attributed to the co-

accused Kansingh @ Kana S/o Mahendra Singh. He contends that

although, there is an allegation against him is of opening gunfire

but, no such weapon of offence was recovered at his instance.

Learned counsel also contends that he was on bail during trial,

hearing of the appeal is likely to take time and prays for

suspension of substantive sentence awarded to him vide judgment

impugned dated 06.11.2025 during pendency of the appeal.

Per contra, learned Public Prosecutor opposed the prayer.

Heard. Considered.

As per the postmortem report of the body of the deceased

(Exhibit P.-30), he has received only one fatal injury which has,

specifically been attributed to the co-accused Kan Singh @ Kanha.

The applicant was on bail during the trial with no allegation of its

misuse. Hearing of the appeal is likely to take time. In the

aforesaid factual backdrop, this Court deems it just and proper to

allow the application for suspension of sentence filed by the

applicant.

Accordingly, the suspension of sentence application is

allowed. Substantive sentence awarded to the applicant by the

learned trial Court vide judgment dated 06.11.2025 shall remain

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suspended during pendency of the appeal and the applicant-

Narendra S/o Mohansingh shall be released on bail provided he

furnishes bail bonds to the satisfaction of the learned trial Court to

the effect that he shall appear before this Court on 30.06.2026

and as and when called upon to do so till disposal of the appeal

and subject to the following conditions:-

1. That he will appear before the learned

trial Court in the month of January of every year

till the appeal is decided.

2. That if the applicant changes the place

of residence, he will give in writing his changed

address(es) to the learned trial Court as well as

to his learned counsel in the High Court who

shall, in turn, inform this Court.

3. Similarly, if the sureties change their

address(es), they will give in writing their

changed address to the learned trial Court.

The learned trial Court shall keep the record of attendance of

the accused-applicant in a separate file(s). Such file(s) be

registered as Criminal Misc. Case relating to original case in which

the accused-applicant was tried and convicted. A copy