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2025 DAILYLAW 38836 (RAJ)

SUDHIR @ BANTI S/O SHRI OM PRAKASH v. STATE OF RAJASTHAN

SOSA/2000/2025 · 2025-10-07

Anoop Kumar Dhand

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Suspension of Sentence Application No.2000/2025 in S.B. Criminal Appeal (Sb) No. 2664/2025 Sudhir @ Banti S/o Shri Om Prakash, Aged About 27 Years, R/o Mahadev Nagar Nala, Near Police Line, Police Station Civil Line Ajmer, Rajastahn ----Appellant Versus State Of Rajasthan, Through PP ----Respondent For Appellant(s) : Mr.Shekhar Singh For Respondent(s) : Mr.Amit Punia, Addl.GA-cum-PP JUSTICE ANOOP KUMAR DHAND Order 07/10/2025 1. Learned counsel for the appellant submits that the appellant has been convicted for the offences punishable under Sections 3/25 Arms Act. Counsel submits that the maximum sentence awarded to the appellants is three years and the same has already been suspended by the Trial Court. Counsel submits that the appellants were on bail during the course of trial and the disposal of the instant appeal is bound to take time, therefore, the sentence awarded to the appellant by the Trial Court be suspended till disposal of the appeal. 2. Per contra, learned Public Prosecutor has opposed the suspension of sentence application. 3. Heard learned counsel for the appellant and learned Public Prosecutor and perused the material available on record. (2 of 3) [CRLAS-2664/2025] 4. Considering the arguments put forward by the counsel for the appellant and looking to the fact that the maximum sentence awarded to the appellant is three years and the same has already been suspended by the Trial Court and the appellant was on bail during the course of trial and looking to the fact that disposal of the appeal is likely to take time, therefore, this Court is of the opinion that it is a fit case for suspending the substantive sentence awarded to the accused-appellant. 5. Accordingly, the application for suspension of sentence filed by the appellant under Section 430 BNSS, 2023 is allowed and the sentence awarded by the Court of Additional Sessions Judge (Women Atrocity Court) Ajmer vide judgment dated 10.09.2025 against the appellants Sudhir @ Banti S/o Shri Om Prakash shall remain suspended till final disposal of the aforesaid appeal and subject to the condition that the appellant shall deposit a fine amount as imposed by the Trial Court and he shall be released on bail provided he executes a personal bond for the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned Trial Judge for his appearance in this Court on 10.11.2025 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 appellant change his place of residence, they 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. 4. Appellant shall deposit a fine amount as imposed by the learned Trial Court. (3 of 3) [CRLAS-2664/2025] 6. The learned Trial Court shall keep the record of attendance of the accused-appellant in a separate file. Such file be registered as Criminal Misc. Case related to 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. Criminal Misc. file shall not be taken into account for statistical purpose relating to pendency and disposal of cases in the trial court. In case the said accused-appellant does not appear before the trial court, the learned Trial Judge shall report the matter to the High Court for cancellation of bail. (ANOOP KUMAR DHAND),J Aayush Sharma /35