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2025 DAILYLAW 41970 (RAJ)

MALKHAN S/O MOHANLAL v. STATE OF RAJASTHAN

SOSA/242/2025 · 2025-01-31

Uma Shanker Vyas

Criminal Appealbody2025

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Suspension of Sentence Application No.242/2025 IN S.B. Criminal Appeal (Sb) No. 296/2025 1. Malkhan S/o Mohanlal, Aged About 25 Years, (Presently Aged 34 Years) R/o Peepalkhedi, Police Station Kishanganj District Baran (Raj) 2. Chhitarlal S/o Gopichand, Aged About 30 Years, (Presently Age 39 Years) R/o Peepalkhedi Police Station Kishanganj Dsitrict Baran (Raj) ----Appellants Versus State Of Rajasthan, Through P.p ----Respondent For Appellant(s) : Mr. Jagdish Nagar, Adv. For Respondent(s) : Mr. Jai Prakash Tiwari, P.P. HON'BLE MR. JUSTICE UMA SHANKER VYAS Judgment / Order 31/01/2025 Heard learned counsel for the parties on the application filed for suspension of sentence and perused the entire material available on record. Learned counsel for accused-applicants submits that there is no reliable and legally acceptable evidence to hold accused-applicants guilty for the (2 of 3) [SOSA-242/2025] alleged offence(s) and there is every likelihood of succeeding in the criminal appeal. Learned counsel further submits that accused- applicants were on bail during trial and their sentence has already been suspended by the learned trial Court. Learned counsel also submits that final hearing of the appeal is likely to take time thus sentence of accused-applicants may be suspended. Learned Public Prosecutor has vehemently opposed the prayer regarding suspension of sentence. I have considered the submissions made by learned counsel for the parties. Without commenting upon the merits/demerits of the case and considering the arguments advanced by the parties, this Court deems it just and proper to suspend the sentence awarded to applicants. Accordingly, the application for suspension of sentence is allowed and it is ordered that the sentence awarded by the learned trial Court to accused-applicants namely, 1.Malkhan S/o Mohanlal & 2.Chhitarlal S/o Gopichand in Sessions Case No.137/2016 shall remain suspended during pendency of the appeal and they shall be released on bail, provided each of them furnishes a (3 of 3) [SOSA-242/2025] personal bond in the sum of Rs.1,00,000/- along with two sureties in the sum of Rs.50,000/- each to the satisfaction of the learned trial Court with the stipulation that they shall appear before this court on 04th March, 2025 and thereafter as and when called upon to do so. (UMA SHANKER VYAS),J DANISH USMANI /86