Shivam Shankhwal Son of Shri Harishchandra Shankhwal Vs the State of Rajasthan — Rajasthan HC (2025) — LawSathi Research

Shivam Shankhwal Son of Shri Harishchandra Shankhwal Vs the State of Rajasthan — Rajasthan HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Suspension of sentence till disposal of the appeal and release on bail on furnishing a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the trial Court, with undertaking to appear before the Court on 12.01.2026 and as and when called upon; application disposed of without expressing any opinion on merits.

Issue for consideration

Whether the sentence of appellant Shivam Shankhwal awarded by judgment dated 12.11.2025 in Sessions Case No. 403/2024 should be suspended pending disposal of the appeal, with his release on bail, expressly without expressing any opinion on the merits of the case.

Court's answer

This Court suspended the sentence of appellant Shivam Shankhwal, awarded by judgment dated 12.11.2025 in Sessions Case No. 403/2024, till disposal of the appeal, expressly without expressing any opinion on the merits of the case.

Ratio / Principle

Release on bail is conditional on furnishing a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each, to the satisfaction of the trial Court.

Key takeaways

Bail is further conditioned on an undertaking to appear before this Court on 12.01.2026 and as and when called upon to do so.ratio¶23

Detailed headnote1 paragraphs

Rajasthan High Court (Jaipur Bench), 08.12.2025 (Pramil Kumar Mathur, J.): Suspension-of-sentence application No. 2330/2025 filed within pending S.B. Cr. Appeal No. 3028/2025 of appellant Shivam Shankhwal s/o Harishchandra Shankhwal (styled 'Petitioner' in the caption), who has been in custody since 19.07.2024 without any criminal past. Taking note of counsel's submissions regarding contradictions and variations in the findings of both courts below and that disposal of the appeal is likely to take considerable time, the Court suspended the sentence awarded by judgment dated 12.11.2025 in Sessions Case No. 403/2024 till disposal of the appeal, expressly without expressing any opinion on merits, and directed the appellant's release on bail on a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the trial Court, with an undertaking to appear before the Court on 12.01.2026 and as and when called upon. Application disposed of. No statutory provision or precedent case is cited in the order.

[2025:RJ-JP:49849]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Misc Suspension Of Sentence Application No. 2330/2025

IN

S.B. Cr. Appeal No. 3028/2025

Shivam Shankhwal Son Of Shri Harishchandra Shankhwal, Aged About 19 Years, Resident Of Village Simra Ajooba Begum, P.s. Bithri Chainpur, Distt. Bareilly, Uttar Pradesh, Currently Residing At Lg-87, Sector-08, Indra Gandhi Nagar, Jagatpura, P.s. Kho Nagorian, Jaipur East, Jaipur, Raj. (At Present Confined In Central Jail, Jaipur)

----Petitioner

Versus

The State Of Rajasthan, Through P.p.

----Respondent

For Petitioner(s)	: Mr. Anoop Pareek, Mr. Pranav Pareek
	Mr. Kshitiz Sharma
For Respondent(s)	: Mr. Devi Singh,PP

HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR

Order

08/12/2025

Heard learned counsel for the appellant and learned Public Prosecutor on the application for suspension of sentence and perused the material available on record.

Learned counsel appearing for the appellant has submitted that there are major contradictions and variations in the finding recorded by both the courts below. He further submitted that appellant is behind bars since 19.07.2024 without any criminal past. He argued that disposal of the appeal may take considerable

(2 of 2)

[2025:RJ-JP:49849]

[SOSA-2330/2025]

long time. Therefore, application for suspension of sentence may be allowed and appellant be released on bail.

The learned Public Prosecutor opposed the application for suspension of sentence.

Taking into consideration all the facts and circumstances of the case and in backdrop of arguments advanced by learned counsel for the appellant especially the fact that disposal of the appeal is likely to take considerable time but without expressing any opinion on merits of the case, I am inclined to suspend the sentence of the appellant Shivam Shankhwal Son Of Shri Harishchandra Shankhwal, awarded by judgment dated 12.11.2025 in Sessions Case No. 403/2024.

It is, therefore, ordered that the sentence of the appellant shall remain suspended till disposal of the appeal and he shall be released on bail, provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each, to the satisfaction of the trial Court to the effect that he shall appear before this Court on 12.01.2026 and as and when called upon to do so.

The application is accordingly disposed of.

(PRAMIL KUMAR MATHUR),J

bmg/38