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2025 DAILYLAW 37054 (RAJ)

GUNNA ALIAS MURARI S/O LATE SAHABSINGH v. STATE OF RAJASTHAN

SOSA/2117/2025 · 2025-10-14

Anoop Kumar Dhand

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:41973] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Suspension of Sentence Application No. 2117/2025 In S.B. Criminal Appeal (Sb) No. 2781/2025 Gunna Alias Murari S/o Late Sahabsingh, Aged About 25 Years, R/o Village Singhwali Khurd (Choti Singhawali) Police Station Rajakhera District Dholpur (Raj.). ----Appellant Versus State Of Rajasthan, Through PP ----Respondent For Appellant(s) : Mr. Sumit Kumar Jain For Respondent(s) : Mr. Amit Punia-Addl.G.A cum PP JUSTICE ANOOP KUMAR DHAND Order 14/10/2025 1. Defect(s) as pointed out by the stands waived. 2. Counsel for the applicant-appellant submits that the appellant has been found guilty for the offence punishable under Section 363 IPC and the maximum sentence awarded to the appellant is one year. Counsel submits that the applicant-appellant was on bail during the course of trial and disposal of the appeal is bound to take time, so the sentence awarded to the applicant- appellant be suspended till disposal of the appeal. 3. Per contra, learned Public Prosecutor has opposed the prayer. 4. Heard learned counsel for the appellant and learned Public Prosecutor and perused the material available on record. [2025:RJ-JP:41973] (2 of 3) [CRLAS-2781/2025] 5. Considering the arguments put forward by the counsel for the appellant and looking to the fact that appellant was on bail during the course of trial and disposal of the appeal is likely to take time, therefore, without making comments on the merits and demerits of the case at this stage, this Court deems it just and proper to suspend the sentence awarded to the applicant- appellant. 6. Accordingly, the application for suspension of sentence filed by the applicant is allowed and the sentence awarded against the applicant-appellant-Gunna Alias Murari S/o Late Sahabsingh shall remain suspended till final disposal of the aforesaid appeal, subject to the condition that the appellant shall deposit the fine amount, as imposed by the Trial Court and he shall be released on bail provided he executes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Court for appearance before this Court on 17.11.2025 and whenever ordered to do so, till the disposal of the appeal on the conditions indicated below:- 1. That he shall appear before the 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 and mobile number, he will give in writing his changed address and mobile number 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. 4. Appellant shall deposit a fine amount as imposed by the learned trial Court. 5. In case the applicant-appellant is found involved in committing and repeating the same offence again, the State/complainant would be at liberty to move application for cancellation of bail. [2025:RJ-JP:41973] (3 of 3) [CRLAS-2781/2025] 7. The learned trial Court shall maintain the record of attendance of the accused-appellant in a separate file. Such file be registered as Criminal Misc. Case relating to the original case in which the accused-appellant was tried and convicted. A copy of this order shall also be placed in that file for ready reference. Such Criminal Misc. file shall not be taken into account for statistical purpose relating to pendency and disposal of cases in the trial court. 8. In case the said accused-appellant does not appear before the trial court and commit any default, the learned trial Judge shall report the matter to the High Court for cancellation of bail. (ANOOP KUMAR DHAND),J Ashu/183