Research › Search › Judgment

High Court of Rajasthan · body

2025 DAILYLAW 45183 (RAJ)

DEEPAK SHARMA S/O MAHAVEER PRASAD SHARMA v. STATE OF RAJASTHAN

SOSA/1783/2025 · 2025-09-11

Pramil Kumar Mathur

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:36937] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. (SOS) Application No.1783/2025 In S.B. Criminal Appeal (Sb) No. 2404/2025 Deepak Sharma S/o Mahaveer Prasad Sharma, Aged About 36 Years, House No.07. N.e.b. Ramnagar Colony, Police Station N.e.b, District Alwar. (Raj.) ----Appellant Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Appellant(s) : Mr. Manish Gupta For Respondent(s) : Mr. Naresh Kumar Gupta, PP HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order 11/09/2025 1. The appellant has been convicted by the learned Session Judge, Alwar, vide judgment dated 08.08.2025 in Sessions Case No.4/2025 (20/2011) (51/2019) for the offences under Sections 148, 452, 323/149 and Section 325/149 of IPC and sentenced for three years and one month simple imprisonment respectively with default stipulation. 2. Being aggrieved the appellant has preferred this appeal. Pending disposal of the appeal, by way of present application 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 [2025:RJ-JP:36937] (2 of 2) [SOSA-1783/2025] 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 Deepak Sharma S/o Mahaveer Prasad Sharma. 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 they shall appear before this Court on 13.10.2025 and as and when called upon to do so. 8. The application is accordingly disposed of. (PRAMIL KUMAR MATHUR),J Arun/49