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2025 DAILYLAW 13973 (RAJ)

ASHOK S/O SOBHIRAM v. STATE OF RAJASTHAN

SOSA/692/2025 · 2025-04-08

Vinod Kumar Bharwani

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:15576] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. 2nd Suspension Of Sentence Application (Appeal) No. 692/2025 in S.B. Criminal Appeal No.1702/2023 1. Ashok S/o Sobhiram, R/o Tereh Pulia, Mania, Police Station Mania, District Dholpur. (At Present Accused Petitioner Confined In District Jail Dholpur) 2. Rambharosi Son Of Shobhiram, R/o Tereh Pulia, Mania, Police Station Mania, District Dholpur. (At Present Accused Petitioner Confined In District Jail Dholpur) ----Appellants Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Appellant(s) : Mr. Mohd. Shahid Hasan For Respondent(s) : Mr. Jaiprakash Tiwari, P.P. HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 08/ 04/2025 The present 2nd application for suspension of sentence has been preferred on behalf of the appellants under Section 430 of B.N.S.S. alongwith the appeal, to suspend the sentence awarded by the Court of learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Dholpur, vide its judgment dated 17.06.2023 in Special Case No.82/2015, whereby the appellants were convicted for the alleged offence(s) & sentenced to undergo maximum period of seven years simple imprisonment with fine. Learned counsel for the appellants submits that the 1st application for suspension of sentence filed on behalf of the [2025:RJ-JP:15576] (2 of 2) [SOSA-692/2025] appellants, was dismissed by this Court vide order dated 09.01.2024. Since, more than one year has been elapsed and the appeal will take time to conclude, hence, the sentence awarded to the appellants may be suspended during the pendency of the appeal. Learned Public Prosecutor has vehemently opposed the submissions made herein-above. Heard learned counsel for the parties and perused the material available on record. Taking into consideration the conviction, custody period of the appellants & the submissions made at bar and without commenting upon the merits/demerits of the case, this Court deems it just and proper to suspend the sentence awarded to the appellants during the pendency of the appeal. Accordingly, the 2nd application for suspension of sentence is allowed and it is, hereby, ordered that the execution of sentence awarded to applicant-appellants, namely Ashok S/o Sobhiram & Rambharosi S/o Shobhiram, by the learned Trial Court shall remain suspended during pendency of the appeal, provided each of them furnishes a personal bond in the sum of Rs.50,000/- together with two sureties of Rs.25,000/- each, to the satisfaction of the learned trial Court with the stipulation that they shall appear before this Court on 12.05.2025 and thereafter, as and when they are called upon to do so. (VINOD KUMAR BHARWANI),J SAHIL SONI /4