[2025:RJ-JP:42335] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Second Suspension of Sentence Application (Appeal) No. 1610/2025 IN S.B. Criminal Appeal No.1542/2024 Bhagchand Alias Paylet S/o Suwalal, Aged About 41 Years, R/o Navodaya Ki Dhani, Tan Gudhliya Police Station Kolwa District Dausa (At Present The Accused/appellant Is Confined In The Special Central Jail District Dausa) ----Petitioner Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Petitioner(s) : Mr. Sanjay Yadav For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 16/10/2025 1. Heard learned counsel for the applicant-appellant and learned State counsel on the application for suspension of execution of sentence. 2. The applicant-appellant herein has been convicted for offences punishable under Sections 376, 341 & 323 of IPC vide judgment dated 05.07.2024 passed by the learned Additional Sessions Judge, No.1, Bandikui, District Dausa (Rajasthan) in Sessions Case No.4/2024 (CIS Reg. No. Session Case/04/2024 RJDS060000292024) and has been sentenced to maximum punishment of ten years. [2025:RJ-JP:42335] (2 of 4) [SOSA-1610/2025] 3. Vide order dated 19.09.2024, first application filed by the applicant-appellant for suspension of execution of sentence was dismissed by this Court. Now, this second application for suspension of execution of sentence has been preferred. 4. Learned counsel for the applicant-appellant submits that applicant-appellant has wrongly been convicted by the learned trial Court. Counsel submits that learned trial Court has failed to appreciate the evidence available on record in correct perspective. Counsel submits that more than one year has passed since rejection of the first application for suspension of execution of sentence but till date, appeal could not be heard and disposed of on account of heavy pendency of criminal appeals before this Court. Counsel submits that applicant-appellant has already suffered incarceration of about two years. Counsel submits that jail conduct of the applicant-appellant is satisfactory. Counsel submits that maximum sentence imposed by the learned trial Court is ten years and it has been held by Hon’ble Apex Court in several judgments that if fixed term sentence has been imposed, application for suspension of execution of sentence should be considered liberally particularly when there is no immediate prospect of the appeal being heard and disposed of on merits. Counsel submits that looking to the large pendency of criminal appeals before this Court, appellant will serve the entire sentence till the time appeal will come for hearing. 5. Learned State counsel opposes the submissions made by counsel for the appellant. He submits that first application filed on behalf of applicant-appellant for suspension of execution of [2025:RJ-JP:42335] (3 of 4) [SOSA-1610/2025] sentence was dismissed on merits and as such, there is no material change in circumstances, except for the fact that one more year has passed. 6. Upon a consideration of the arguments advanced on behalf of the appellant as well as learned State Counsel and having regard to the facts and circumstances as available on the record including judgment passed by learned trial Court and further considering the period of incarceration suffered by the applicant- appellant which is almost two years and there is no immediate prospect of this appeal being heard and disposed of in near future, this Court is of the opinion that the appellant has available to him strong grounds to assail the impugned judgment of conviction and sentence. Thus, it is a fit case for suspending the sentences awarded to the applicant-appellant during pendency of the instant appeal. 7. Accordingly, the application for suspension of sentence filed under Section 430 BNSS is allowed and it is ordered that the sentences passed by the learned Additional Sessions Judge, No.1, Bandikui, District Dausa (Rajasthan) judgment dated 05.07.2024 in Sessions Case No.4/2024 (CIS Reg. No. Session Case/04/2024 RJDS060000292024) against the applicant-appellant Bhagchand Alias Paylet S/o Suwalal shall remain suspended till final disposal of the aforesaid appeal and he shall be released on bail, provided he execute a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance in the court on 17.11.2025 and whenever ordered to do so till the disposal of the appeal on [2025:RJ-JP:42335] (4 of 4) [SOSA-1610/2025] the conditions indicated below:- 1. That he will appear before the trial Court in the month of January of every year till the appeal is decided. 2. That if the applicant changes the place of residence, he 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. 8. The learned trial Court shall keep the record of attendance of the accused-applicant in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused- applicant 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 applicant does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail. (ANIL KUMAR UPMAN),J LALIT MOHAN /1