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2026 DAILYLAW 6544 (RAJ)

SHIVRAJ S/O KALU LAL v. THE STATE OF RAJASTHAN

SOSA/710/2026 · 2026-04-16

Vinod Kumar Bharwani

Criminal Appealbody2026

Judgment text

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[2026:RJ-JP:15903] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Suspension of Sentence Application No.710/2026 In S.B. Criminal Appeal (Sb) No. 798/2026 1. Shivraj S/o Kalu Lal, Resident Of Rajpura, Police Station Bhawanimandi, District Jhalawar. 2. Bajranglal S/o Kalulal, Resident Of Rajpura, Police Station Bhawanimandi, District Jhalawar. 3. Kishore Kumar S/o Durgalal, Resident Of Rajpura, Police Station Bhawanimandi, District Jhalawar. 4. Rakesh Kumar S/o Bajranglal, Resident Of Rajpura, Police Station Bhawanimandi, District Jhalawar. 5. Ghanshaym S/o Tulsiram, Resident Of Rajpura, Police Station Bhawanimandi, District Jhalawar. ----Appellants Versus The State Of Rajasthan, Through P.P. ----Respondent For Appellant(s) : Mr. Tarun Jain For Respondent(s) : Mr. Rajendra Singh Shekhawat, PP HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 16/04/2026 Instant application for suspension of sentence has been preferred on behalf of the applicant-appellants under Section 430 of BNSS alongwith the appeal, to suspend the sentence awarded by the Court of learned Additional Sessions Judge, Ramganjmandi, District Kota (Raj.) vide its judgment dated 02.04.2026 in Sessions Case No.05/2018, whereby the applicant-appellants were [2026:RJ-JP:15903] (2 of 3) [SOSA-710/2026] convicted for the alleged offence(s) & sentenced to undergo maximum period of three years simple imprisonment with fine. Learned counsel appearing for the applicant-appellants submits that the appellants were on bail during trial and the learned Trial Court has already suspended the sentence of the appellants upto 01.05.2026. Counsel further submits that the learned Trial Court has not appreciated the facts and circumstances of the case holistically and the hearing of the appeal will take its own time, hence, the sentence awarded to the applicant-appellants may be suspended during the pendency of the appeal. Learned Public Prosecutor has vehemently opposed the submissions made herein-above. Heard learned counsel for the parties and perused the material made available on record. Looking to the overall facts & circumstances of the case and the submissions made at bar and without commenting upon the merits of the case, this Court deems it just and proper to suspend the sentence awarded to the applicant-appellants during the pendency of the appeal. Accordingly, the application for suspension of sentence is allowed and it is, hereby, ordered that the execution of sentence awarded to accused-applicants, namely Shivraj S/o Kalu Lal, Bajranglal S/o Kalulal, Kishore Kumar S/o Durgalal, Rakesh Kumar S/o Bajranglal & Ghanshaym S/o Tulsiram, by the learned Trial Court shall remain suspended during pendency of the appeal, provided each of them furnishes a personal bond in the [2026:RJ-JP:15903] (3 of 3) [SOSA-710/2026] sum of Rs.50,000/- together with two sureties of Rs.25,000/- each, to the satisfaction of the learned Trial Court with the stipulation that they shall appear before this Court on 16.05.2026 and thereafter, as and when they are called upon to do so. (VINOD KUMAR BHARWANI),J SAURABH /28