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2026 DAILYLAW 7486 (RAJ)

BALU ALIAS BALCHAND S/O PRABHULAL v. STATE OF RAJASTHAN

SOSA/925/2026 · 2026-05-20

Uma Shanker Vyas

Criminal Appealbody2026

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Suspension of Sentence Application No.925/2026 In S.B. Criminal Appeal (Sb) No. 1008/2026 1. Balu Alias Balchand S/o Prabhulal, Aged About 51 Years, R/o Purani Abadi Asnawar Police Station Asnawar 2. Balmukund Suman S/o Ghanshyam, Aged About 23 Years, R/o Ghana Mohalla Purani Abadi Asnawar Police Station Asnawar 3. Kalu Alias Raju Rathore S/o Ghisalal, Aged About 35 Years, R/o Takiye Ke Samne Asnawar Police Station Asnawar 4. Poonamchand S/o Shriram, Aged About 34 Years, R/o Raj Mandir Ke Pass Purani Abadi Asnawar Police Station Asnawar 5. Raju Alias Rajulal S/o Kishorelal, Aged About 48 Years, R/o Asnawar Police Station Asnawar District Jhalawar( Raj) ----Appellants Versus 1. State Of Rajasthan, Through P.P. 2. Vicitim W/o Satyanarayan, R/o Purani Abadi Asnawar Police Station Asnawar District Jhalawar( Raj) ----Respondents For Appellant(s) : Mr. Bharat Lal Mali, Adv., for Mr. Rohit Khandelwal, Adv. For Respondent(s) : Mr. Devi Singh, P.P. HON'BLE MR. JUSTICE UMA SHANKER VYAS Judgment / Order 20/05/2026 Heard learned counsel for the parties on the application filed for suspension of sentence and perused the entire material available on record. (2 of 3) [SOSA-925/2026 in CRLAS- 1008/2026] Learned counsel for the accused-applicants submits 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 appeal. Learned counsel further submits that accused-applicants were on bail during trial and their sentence has already been suspended by the learned trial Court for 30 days. Learned counsel further submits that final hearing of the appeal is 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. The complainant(s) has already been informed by the concerned S.H.O. but no one is present on his behalf. I have considered the submissions made by learned counsel for the parties. Without commenting upon the merits/demerits of the case and considering the arguments advanced by the parties, this Court deems it just and proper to suspend the sentence awarded to the applicants. Accordingly, the application for suspension of sentence is allowed and it is ordered that the sentence awarded by the learned trial Court to the accused-applicants namely, (1) Balu Alias Balchand S/o Prabhulal, (2) Balmukund Suman S/o Ghanshyam, (3) Kalu Alias Raju Rathore S/o Ghisalal, (4) Poonamchand S/o Shriram and (5) Raju Alias Rajulal S/o Kishorelal in Sessions Case No.152/2022 shall remain suspended during pendency of the appeal and they shall be released on bail, (3 of 3) [SOSA-925/2026 in CRLAS- 1008/2026] 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 22.06.2026 and thereafter as and when called upon to do so. (UMA SHANKER VYAS),J YOGESH KUMAR/47