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2025 DAILYLAW 49144 (RAJ)

SHRI RAJIV BATRA SON OF SHRI BABULAL BATRA v. STATE OF RAJASTHAN

SOSA/2311/2025 · 2025-11-25

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. 2310/2025 In S.B. Criminal Appeal (Sb) No. 3004/2025 1. Firm M/s Lokesh Medicals, Plot No. 3, Sindhi Colony, Banipark, Jaipur Through Owner And Qualified Person Shri Lokesh Chanchal S/o Shri Chiman Kumar Chanchlani And Smt. Asha Chanchlani W/o Shri Chiman Kumar Chanchlani 2. Shri Lokesh Chanchlani S/o Shri Chiman Kumar Chanchlani, Owner Of Firm M/s Lokesh Medicals, Plot No. 3, Sindhi Colony, Banipark, Jaipur 3. Smt. Asha Chanchlani W/o Shri Chiman Kumar Chanchlani, R/o 72/2, J M T C Complex, M.E.S. Quarters, Station Road, Opp. I.T.I. Banipark, Jaipur, Owner/qualified Person Firm M/s Lokesh Medicals ----Appellants Versus State of Rajasthan, Through P.P. ----Respondent Connected With S.B. Criminal Misc. Suspension of Sentence Application No. 2311/2025 In S.B. Criminal Appeal (Sb) No. 3005/2025 1. Shri Rajiv Batra Son Of Shri Babulal Batra, Resident Of House No. C-66, Gali No. 2, Setia Colony, Sri Ganganagar. Owner Of The Firm M/s. New Medicine Point, 128-A, Ground Floor, Gol Bazar, Sri Ganganagar. 2. Firm M/s. New Medicine Point, 128-A, Ground Floor, Gol Bazar, Sri Ganganagar Through Owner And Eligible Person Shri Rajiv Batra Son Of Shri Babulal Batra, Resident Of House No. C-66, Gali No.2, Setia Colony, Sri Ganganagar. ----Appellants Versus State of Rajasthan, Through P.P. ----Respondent (2 of 3) [CRLAS-3004/2025] For Appellant(s) : Mr. Govind Sharma, Adv. Mr. Anil Agarwal, Adv. Ms. Ruchika Kukreja, Adv. Mr. Piyush Rathore, Adv. For Respondent(s) : Mr. Manvendra Singh, P.P. HON'BLE MR. JUSTICE UMA SHANKER VYAS Judgment / Order 25/11/2025 Heard learned counsel for the parties on the applications filed for suspension of sentence and perused the entire material available on record. Learned counsel for the accused-applicants submit that there is no reliable and legally acceptable evidence to hold the accused- applicants guilty for the alleged offence(s) and there is every likelihood of succeeding in the criminal appeals. Learned counsel further submit that accused-applicants were on bail during trial and the sentence of applicants has already been suspended by the learned trial Court for a period of month, presently they are on bail. Learned counsel further submit that final hearing of the appeals are likely to take time thus sentence of the 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 these cases and considering the arguments advanced by the parties, this (3 of 3) [CRLAS-3004/2025] Court deems it just and proper to suspend the sentence awarded to the applicants. Accordingly, these applications for suspension of sentence are allowed and it is ordered that the sentence awarded by the learned trial Court to the accused-applicants namely, (1) Shri Lokesh Chanchlani S/o Shri Chiman Kumar Chanchlani, (2) Smt. Asha Chanchlani W/o Shri Chiman Kumar Chanchlani and (3) Shri Rajiv Batra Son Of Shri Babulal Batra in Sessions Case No.01/2021 shall remain suspended during pendency of the appeals and they shall be released on bail, provided each of them furnishes a 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 02.01.2026 and thereafter as and when called upon to do so. A copy of this order be placed in the connected file. (UMA SHANKER VYAS),J YOGESH KUMAR /65-66