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2026 DAILYLAW 12864 (RAJ)

VIJAYPAL S/O JHUNTHARAM v. STATE OF RAJASTHAN

SOSA/965/2026 · 2026-08-04

Vinod Kumar Bharwani

Criminal Appealbody2026

Judgment text

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[2026:RJ-JP:30260] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Suspension of Sentence Application No.965/2026 In S.B. Criminal Appeal (Sb) No. 1033/2026 CNR: RJHC020442032026 | URN: CRLAS / 1939U / 2026 Vijaypal S/o Jhuntharam, Aged About 35 Years, Resident Of Dhani Bariwali, Tan Dadiyarampura, Police Station-Reengus, District-Sikar. (Presently Confined In Central Jail Bikaner) ----Appellant Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Appellant(s) : Mr. Sultan Singh Kuri with Mr. Prince Choudhary For Respondent(s) : Mr. Devi Singh, PP HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 04/08/2026 Instant application for suspension of sentence has been preferred on behalf of the applicant-appellant under Section 430 of B.N.S.S. alongwith the appeal, to suspend the sentence awarded by the Court of Additional Sessions Judge, Shree Madhopur, District Sikar (Raj.) vide its judgment dated 01.05.2026, in Sessions Case No.09/2015, whereby the applicant- appellant was convicted for the alleged offence(s) & sentenced to undergo maximum period of ten years rigorous imprisonment with fine. Learned counsel for the appellant submits that the appellant remained in judicial custody for some time during the course of trial, and, presently, he is behind the bars since 01.05.2026. Counsel further submits that there are contradictions in the [2026:RJ-JP:30260] (2 of 2) [SOSA-965/2026] statements of the prosecution witnesses and the learned Trial Court has not appreciated the facts & circumstances of the case holistically and the hearing of the appeal will take its own time to conclude, hence, the sentence awarded to the applicant-appellant may be suspended during the pendency of the appeal. Per contra, learned Public Prosecutor opposed the submissions herein-above and contended that the appellant had thrown acid on the injured persons, namely Ankit (PW-1), aged about 11 years, and Himesh Kumar (PW-2), aged about 12 years, thereby causing injuries to both and the fact is duly corroborated by the testimony of PW-7 (the Medical Expert) and the FSL Report (Exhibit P-10). Therefore, the application for suspension of sentence deserves to be dismissed. Heard learned counsel for both the parties and perused the statements of injured persons, namely Ankit (PW-1) & Himesh Kumar (PW-2), medical expert (PW-7), FSL Report (Ex.P-10) and the material made available on record. Thus, without commenting upon the merits/demerits of the case and overall facts & circumstances of the case, this Court does not deem it appropriate to suspend the sentence awarded to the appellant. Accordingly, the application for suspension of sentence is dismissed. (VINOD KUMAR BHARWANI),J 36/SAURABH