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2025 DAILYLAW 43419 (RAJ)

SHIVAM SHANKHWAL SON OF SHRI HARISHCHANDRA SHANKHWAL v. THE STATE OF RAJASTHAN

SOSA/2330/2025 · 2025-12-08

Pramil Kumar Mathur

Transfer Petitionbody2025

Judgment text

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[2025:RJ-JP:49849] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application No. 2330/2025 IN S.B. Cr. Appeal No. 3028/2025 Shivam Shankhwal Son Of Shri Harishchandra Shankhwal, Aged About 19 Years, Resident Of Village Simra Ajooba Begum, P.s. Bithri Chainpur, Distt. Bareilly, Uttar Pradesh, Currently Residing At Lg-87, Sector-08, Indra Gandhi Nagar, Jagatpura, P.s. Kho Nagorian, Jaipur East, Jaipur, Raj. (At Present Confined In Central Jail, Jaipur) ----Petitioner Versus The State Of Rajasthan, Through P.p. ----Respondent For Petitioner(s) : Mr. Anoop Pareek, Mr. Pranav Pareek Mr. Kshitiz Sharma For Respondent(s) : Mr. Devi Singh, PP HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order 08/12/2025 1. Heard learned counsel for the appellant and learned Public Prosecutor on the application for suspension of sentence and perused the material available on record. 2. Learned counsel appearing for the appellant has submitted that there are major contradictions and variations in the finding recorded by both the courts below. He further submitted that appellant is behind bars since 19.07.2024 without any criminal past. He argued that disposal of the appeal may take considerable [2025:RJ-JP:49849] (2 of 2) [SOSA-2330/2025] long time. Therefore, application for suspension of sentence may be allowed and appellant be released on bail. 3. The learned Public Prosecutor opposed the application for suspension of sentence. 4. Taking into consideration all the facts and circumstances of the case and in backdrop of arguments advanced by learned counsel for the appellant especially 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 Shivam Shankhwal Son Of Shri Harishchandra Shankhwal, awarded by judgment dated 12.11.2025 in Sessions Case No. 403/2024. 5. 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 appear before this Court on 12.01.2026 and as and when called upon to do so. 6. The application is accordingly disposed of. (PRAMIL KUMAR MATHUR),J bmg/38