MONU ALIAS MANOJ S/O SHIVNARAYAN v. STATE OF RAJASTHAN
SOSA/1218/2026 · 2026-06-24
Ravi Chirania
Criminal Appealbody2026
DailyLaw.ai
[ 2026 DAILYLAW 8968 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 8968 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2026:RJ-JP:23573] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Bail For Suspension of Sentence Application No. 1218/2026 In S.B. Criminal Appeal (Sb) No. 1324/2026
1. Monu Alias Manoj S/o Shivnarayan, Aged About 24 Years, Resident of - Khanpur, Police Station- Khanpur, District- Jhalawar (Raj.)
2. Rakesh S/o Prabhulal, Aged About 25 Years, Resident Of - Khanpur, Police Station- Khanpur, District- Jhalawar (Raj.) ----Appellants Versus State Of Rajasthan, Through P.P ----Respondent For Appellant(s) : Mr. Rajveer Singh Jhala For Respondent(s) : Mr. Amit Punia, PP HON'BLE MR. JUSTICE RAVI CHIRANIA (V.J.)
Order 24/06/2026
1. This suspension of sentence application under Section 430 B.N.S.S., 2023 has been filed by the accused-applicants (for brevity 'the applicants') along with the appeal whereby the applicants have been convicted and sentenced by the learned Special Judge (NDPS Cases), Jhalawar (Raj.) registered FIR No. 192/2017, P.S. Khanpur, District Jhalawar for the offences punishable under Sections 399, 402 of IPC, 1860 and Section 3/25 and 4/25 of Arms Act, 1959 vide its judgment dated 12.05.2026 in (CIS No. 10/2018).
2.
Learned counsel appearing for the applicants has submitted a certificate under Rule 311(3) of Rajasthan High Court Rules, wherein it has been stated that the sentence of the applicants
[2026:RJ-JP:23573] (2 of 3) [CRLAS-1324/2026] have been suspended by the learned Trial Court for a period of one month. Learned counsel further submits that on 12.05.2026, the learned trial Court suspended the sentence up to 12.06.2026. However, due to paucity of time, the matter could not reach the board, therefore, the application for suspension of sentence could not be considered by this Court. Thereafter, the petitioner moved an application before the concerned Court and the period of suspension of sentence was extended up to 29.06.2026 vide order dated 12.06.2026.
3.
Learned counsel further submits that hearing of the appeal will take sufficiently long time to conclude, therefore, he prays that the sentence awarded to the applicants be suspended during pendency of the appeal.
4. On the other hand, learned Public Prosecutor appearing for the State, opposes the application for suspension of sentence.
5. Heard learned counsel appearing for the applicants as well as learned Public Prosecutor and perused the impugned judgment.
6. Considering the submissions made by learned counsel and taking into consideration the reasons as recorded in the impugned
judgment, the period of incarceration suffered by the applicants and that the hearing of the appeal is likely to take time, this application for suspension of sentence is hereby allowed.
7. It is ordered that execution of the sentence awarded to the applicants, namely, Monu Alias Manoj S/o Shivnarayan and Rakesh S/o Prabhulal by the learned trial Court shall remain suspended during the pendency of this appeal, provided each of them furnishes a personal bond in the sum of Rs.1,000,00/- together with two sound and solvent sureties in the sum of
[2026:RJ-JP:23573] (3 of 3) [CRLAS-1324/2026] Rs.50,000/- each to the satisfaction of the learned trial Court with the stipulation that they shall appear before this Court on 24.07.2026 and thereafter, as and when called upon to do so till disposal of the appeal and subject to the following conditions:-
1. That they will appear before the learned trial Court in the month of January of every year till the appeal is decided.
2. That if the applicants change their place of residence, they will give in writing their changed address(es) to the learned trial Court as well as to his learned counsel in the High Court.
3. Similarly, if the sureties change their address(es), they will give in writing their changed address to the learned trial Court.
8. The learned trial Court shall keep the record of attendance of the applicant in a separate file(s). Such file(s) be registered as Criminal Misc. Case relating to original case in which the applicants were tried and convicted. A copy of this order shall also be placed in that file for ready reference. Criminal Misc. file(s) shall not be taken into account for statistical purpose relating to pendency and disposal of the case in the learned trial Court. In case, the said applicant do not appear before the learned trial Court, the learned trial Judge shall report the matter to the High Court for cancellation of benefit extended by this order.
(RAVI CHIRANIA (V.J.)),J 166/PARSHANT/RACHNA