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2025 DIGILAW 1564 (RAJ)

Inderpal S/o Late Mahendra Singh v. State of Rajasthan, Through PP

2025-09-10

MANOJ KUMAR GARG, RAVI CHIRANIA

body2025
ORDER : 1. Learned counsel for the appellants wants to withdraw the present application for suspension of sentence qua appellant No.1 Inderpal, but seeks liberty to file a fresh application after a period of one year from today. 2. Hence, the present application for suspension of sentence is hereby dismissed as withdrawn with liberty as prayed for. 3. So far as appellant Nos.2 and 3 are concerned, they have been convicted and sentenced as below vide judgment dated 20.11.2024 passed by the learned Additional Sessions Judge, Bhadra, District Hanumangarh in Sessions Case No.25/2017: Offence Sentence Fine Sentence in default of fine Sec.147 IPC 1 year’s R.I. Rs.500/- 1 month’s S.I. Sec.148 IPC 2 year’s R.I. Rs.1,000/- 2 month’s S.I. Sec.341 IPC 1 month’s S.I. Rs.500/- 5 days’ S.I. Sec.302 IPC Life Imprisonment Rs.5000/- 2 years’ S.I. Sec.325 IPC 3 years’ R.I. Rs.1,000/- 1 month’s S.I. Sec.323 IPC 1 year’s S.I. Rs.500/- 1 month’s S.I. 2. The appellant-applicant Nos.2 and 3 have preferred the application for suspension of sentence under Section 430 B.N.S.S./389 Cr.P.C. for suspension of sentence during the pendency of the appeal and for release on bail. 3. The only plea raised by learned counsel for the appellant- applicant Nos.2 and 3 is that they were on bail during trial and no specific role has been assigned to them and there is no chance of hearing of the appeal in near future, thus, the sentence of the applicant Nos.2 & 3 be suspended and he be enlarged on bail. 4. Learned Public Prosecutor as well as learned counsel for the complainant vehemently opposed the application for suspension of sentence with the submission that as the appellant- applicant Nos.2 & 3 have committed heinous offence, suspension of sentence of such offender would send adverse message in the society. 5. We have considered the submissions made by learned counsel for the parties and have perused the material available on record. 6. Looking to the fact that criminal appeals pertaining to year 2008 also are pending for hearing, there is no likelihood of hearing of the present appeal in near future. 7. In the present case as observed herein-before, the appellant- applicant Nos.2 & 3 were on bail during the trial and apparently, there are no chances of hearing of the present appeal in near future. 7. In the present case as observed herein-before, the appellant- applicant Nos.2 & 3 were on bail during the trial and apparently, there are no chances of hearing of the present appeal in near future. Except for the fact that the appellant-applicant Nos.2 & 3 was involved in offence leading to his conviction for life, nothing has been brought on record by way of extenuating circumstances for denial of suspension of sentence. 8. Consequently, without making any observations on merits of the case, we are inclined to suspend the sentence of the appellant-applicants, namely, (2) Rajesh Kumar S/o Ramniwas & (3) Subhash Candra S/o Devi Lal, during the pendency of the appeal. 9. Accordingly, the instant application for suspension of sentence filed under Section 430 B.N.S.S./389 Cr.P.C. is partly allowed and it is ordered that sentence passed by the learned Additional Sessions Judge, Bhadra, District Hanumangarh vide judgment dated 20.11.2024 in Sessions Case No.25/2017 against the appellant-applicant, namely, (2) Rajesh Kumar S/o Ramniwas & (3) Subhash Candra S/o Devi Lal shall remain suspended till final disposal of the aforesaid appeal, provided each of them executes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of learned trial Judge for their appearance in this court on 14.10.2025 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 applicants changes the place of residence, he 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(s) they will give in writing their changed address to the trial court. 10. The learned trial court shall keep the record of attendance of the accused-applicant Nos. 2 & 3 in a separate file. Such file be registered as Criminal Misc. Case relating to original case in which the accused- applicants were tried and convicted. A copy of this order shall also be placed in that file for ready reference. Criminal Misc. file shall not been taken into account for statistical purpose relating to pendency and disposal of the cases in the trial court. Such file be registered as Criminal Misc. Case relating to original case in which the accused- applicants were tried and convicted. A copy of this order shall also be placed in that file for ready reference. Criminal Misc. file shall not been taken into account for statistical purpose relating to pendency and disposal of the cases in the trial court. In case, the said accused-applicants do not appear before the trial court, learned trial Judge shall report the matter to the High Court for cancellation of bail.