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2025 DAILYLAW 30735 (RAJ)

GURUNAM SINGH SON OF JOGENDRA SINGH v. STATE OF RAJASTHAN

SOSA/1885/2025 · 2025-09-23

Pramil Kumar Mathur

Criminal Appealbody2025

Judgment text

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[2025:RJ-JP:39217] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. (SOS) Application No.1885/2025 In S.B. Criminal Appeal (Sb) No. 2526/2025 Gurunam Singh Son Of Jogendra Singh, Resident Of Peepalkheda, Police Station Barodamev, District Alwar (Rajasthan) ----Appellant Versus 1. State Of Rajasthan, Through Pp 2. Hargovind Mourya Son Of Shri Kanharam, Resident Of B- 18, Shanti Nagar, Gurjar Ki Thadi, Thana Mansarovar, Jaipur (Raj.) At Present Posted As Branch Manager, P.n.b. Branch Baromdev, District Alwar (Raj.) ----Respondents For Appellant(s) : Mr. Girish Khandelwal For Respondent(s) : Ms. Manju Dave, PP HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order 23/09/2025 1. The appellant has been convicted by the learned Special Judge, SC/ST (POA) Cases, Alwar, vide judgment dated 10.09.2025 in Sessions Case No.134/2015 for the offences under Sections 353, 504, 186 of IPC and Section 3(1)(x) of SC/ST (POA) Act, 1989 and sentenced for two years simple imprisonment, two years simple imprisonment, three months simple imprisonment and one year simple imprisonment with default stipulation. 2. Being aggrieved the appellant has preferred this appeal. Pending disposal of the appeal, by way of present application [2025:RJ-JP:39217] (2 of 3) [SOSA-1885/2025] under Section 430 of BNSS, 2023 the appellant seeks suspension of sentence and release on bail. 3. Learned counsel appearing for the appellant has submitted that the trial court has not appreciated the evidence produced before it as per established principles of law. He further submitted that learned trial Court has not considered the factual and legal aspect of matter properly. He further submitted that the appellant is on bail during trial and his sentence has already been suspended by the trial Court and hearing of the appeal is not likely to be concluded in near future. Therefore, the application for suspension of sentence may be allowed. 4. The learned Public Prosecutor has vehemently opposed the application for suspension of sentence. 5. I have heard the contentions of the learned counsel for the appellant and learned Public Prosecutor on the application for suspension of sentence and perused the material available on record. 6. Taking into consideration all the facts and circumstances of the case, the period of sentence awarded and the fact that disposal of the appeal is likely to take considerable time but without expressing any opinion on merits of the case, I am inclined to suspend the sentence of the appellant Gurunam Singh Son Of Jogendra Singh. 7. It is, therefore, ordered that the sentence of the appellant shall remain suspended till disposal of the appeal and he shall be released on bail, provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each, to the satisfaction of the trial Court to the effect that he shall [2025:RJ-JP:39217] (3 of 3) [SOSA-1885/2025] appear before this Court on 29.10.2025 and as and when called upon to do so. 8. The application is accordingly disposed of. (PRAMIL KUMAR MATHUR),J bmg/47