Bhagchand S/O Shri Jagannath Vs State of Rajasthan — Rajasthan HC (2025) — LawSathi Research

Bhagchand S/O Shri Jagannath Vs State of Rajasthan — Rajasthan HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application for suspension of sentence allowed: sentence of imprisonment awarded by the learned trial Court in Sessions Case No.06/2020 suspended during pendency of the appeal, subject to deposition of the fine imposed by the learned trial Court; applicant Bhagchand S/o Shri Jagannath to be released on bail on furnishing a personal bond of Rs.1,00,000/- with two sureties of Rs.50,000/- each, to the satisfaction of the learned trial Court, with stipulation to appear before this Court on 15.01.2026 and thereafter as and when called upon.

Issue for consideration

Whether the sentence of imprisonment awarded to the accused-applicant in Sessions Case No.06/2020 should be suspended during the pendency of S.B. Criminal Appeal No. 3247/2025 and he be released on bail.

Court's answer

Without commenting upon the merits/demerits of the case and considering the arguments advanced by the parties, the Court deemed it just and proper to suspend the sentence awarded to the applicant.

Ratio / Principle

The sentence of imprisonment awarded by the learned trial Court to the accused-applicant shall remain suspended during pendency of the appeal.

Key takeaways

The allowance of the suspension application is conditional on deposition of the fine imposed by the learned trial Court on the accused-applicant.ratio¶20
On the sentence being suspended, the applicant is to be released on bail on furnishing a personal bond of Rs.1,00,000/- along with two sureties of Rs.50,000/- each, to the satisfaction of the learned trial Court.ratio¶20
Release is subject to the stipulation that the applicant shall appear before this Court on 15.01.2026 and thereafter as and when called upon to do so.

Detailed headnote1 paragraphs

Rajasthan High Court (Jaipur Bench), single Judge (Uma Shanker Vyas, J.), order dated 15/12/2025 in S.B. Criminal Misc. Bail (Suspension of Sentence) Application No.2537/2025 arising from S.B. Criminal Appeal No. 3247/2025: the Court, heard on the submissions of both sides and expressly without commenting on the merits or demerits of the case, deemed it just and proper to suspend the sentence awarded to appellant Bhagchand S/o Shri Jagannath in Sessions Case No.06/2020. The suspension was made subject to deposition of the fine imposed by the learned trial Court. The sentence of imprisonment shall remain suspended during pendency of the appeal and the applicant is to be released on bail on furnishing a personal bond of Rs.1,00,000/- along with two sureties of Rs.50,000/- each, to the satisfaction of the learned trial Court, with the stipulation that he appear before the Court on 15.01.2026 and thereafter as and when called upon.

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Misc. Bail (Suspension of Sentence) Application No.2537/2025

IN

S.B. Criminal Appeal No. 3247/2025

Bhagchand S/o Shri Jagannath, Aged About 35 Years, R/o Balapura, Police Station Arai, District Ajmer.

----Appellant

Versus

State of Rajasthan, Through P.P.

----Respondent

For Appellant(s) : Mr. Pradeep Sharma, Adv. For Respondent(s) : Ms. Manju Dave, P.P.

HON'BLE MR. JUSTICE UMA SHANKER VYAS Judgment / Order

15/12/2025

Heard learned counsel for the parties on the application filed for suspension of sentence and perused the entire material available on record.

Learned counsel for the accused-applicant submits that there is no reliable and legally acceptable evidence to hold the accusedapplicant guilty for the alleged offence(s) and there is every likelihood of succeeding in the criminal appeal. Learned counsel further submits that accused-applicant was on bail during trial and his sentence has already been suspended for one month by the Court below. He further submits that accused-applicant is willing to deposit the entire fine amount and as final hearing of the

(2 of 2) [SOSA-2537/2025 In CRLAS3247/2025]

appeal is likely to take time thus sentence of the accusedapplicant may be suspended.

Learned Public Prosecutor has vehemently opposed the prayer regarding suspension of sentence.

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 applicant.

Accordingly, subject to deposition of fine imposed by the learned trial Court on the accused-applicant, the application for suspension of sentence is allowed and it is ordered that the sentence of imprisonment awarded by the learned trial Court to the accused-applicant namely, Bhagchand S/o Shri Jagannath in Sessions Case No.06/2020 shall remain suspended during pendency of the appeal and he shall be released on bail, provided he 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 he shall appear before this court on 15.01.2026 and thereafter as and when called upon to do so.

(UMA SHANKER VYAS),J

YOGESH KUMAR /57