Deepaksingh Alias Anil Son of Amirchand Vs the State of Rajasthan — Rajasthan HC (2026) — LawSathi Research

Deepaksingh Alias Anil Son of Amirchand Vs the State of Rajasthan — Rajasthan HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Suspension of execution of sentence during pendency of the appeal, conditioned on furnishing a personal bond of Rs. 50,000/- with two sureties of Rs. 25,000/- each to the satisfaction of the Trial Court, and stipulated appearance before the Court on 06.03.2026 and thereafter as called upon.

Issue for consideration

Whether the execution of the sentence awarded to the applicant-appellant (maximum seven years simple imprisonment with fine, imposed by judgment dated 08.09.2025) should be suspended during the pendency of his appeal under Section 430 of BNSS.

Court's answer

Taking into consideration the term of sentence, the custody period and the submissions made at bar, and without commenting upon the merits of the case, the Court deemed it just and proper to suspend the sentence awarded to the applicant-appellant during the pendency of the appeal.

Ratio / Principle

The application for suspension of sentence was allowed; execution of the sentence awarded to Deepak Singh alias Anil S/o Amirchand shall remain suspended during pendency of the appeal, provided he furnishes a personal bond 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 he shall appear before this Court on 06.03.2026 and thereafter as and when called upon.

Detailed headnote1 paragraphs

Rajasthan High Court, Jaipur Bench (single judge, Vinod Kumar Bharwani, J.), order dated 06/02/2026 on S.B. Criminal Misc. Suspension of Sentence Application No.2137/2025, filed under Section 430 of BNSS alongwith S.B. Criminal Appeal (Sb) No. 2565/2025 by Deepaksingh alias Anil s/o Amirchand, who was convicted by judgment dated 08.09.2025 of Additional Sessions Judge No. 2, Bharatpur (printed 'Additinal') in Sessions Case No.04/2023 and sentenced to undergo a maximum of seven years simple imprisonment with fine. Counsel submitted the appellant had been behind bars since 08.09.2025, that injured Ajit suffered no dangerous-to-life injury and, per the FSL report, no firearm injury. The Court heard counsel, perused the statement of injured Ajit (PW-1), the medical expert (PW-10) and the FSL Report (Ex.P-52), and, considering the term of sentence and custody period and expressly without commenting on merits, deemed it just and proper to suspend the sentence during pendency of the appeal. The application was allowed: execution of sentence suspended subject to a personal bond of Rs. 50,000/- with two sureties of Rs. 25,000/- each to the Trial Court's satisfaction, and stipulated appearance before the High Court on 06.03.2026 and thereafter as called upon.

[2026:RJ-JP:5708]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Misc. Suspension of Sentence Application No.2137/2025

In

S.B. Criminal Appeal (Sb) No. 2565/2025

Deepaksingh Alias Anil Son Of Amirchand, Resident Of Bosoli Police Station Uchchain, Presently Resident Of Subhash Nagar Police Station Kotwali District Bharatpur. At Present In Central Jail, Bharatpur.

----Appellant

Versus

The State Of Rajasthan, Through The P.P.

----Respondent

For Appellant(s)	: Mr. Harendra Singh
For Respondent(s)	: Mr. Jaiprakash Tiwari, PP with
	Mr. Gaurav Gupta, PP

HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

Order

06/02/2026

Instant application for suspension of sentence has been preferred on behalf of the applicant-appellant under Section 430 of BNSS alongwith the appeal, to suspend the sentence awarded by the Court of Additinal Sessions Judge, No. 2, Bharatpur, vide its judgment dated 08.09.2025, in Sessions Case No.04/2023, whereby the applicant-appellant was convicted for the alleged offence(s) & sentenced to undergo maximum period of seven years simple imprisonment with fine.

Learned counsel appearing for the applicant-appellant submits that presently he is behind the bars since 08.09.2025 i.e. the date of judgment. The injured, namely Ajit has not suffered

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[SOSA 2137/2025]

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any dangerous to life injury and as per FSL report, the injured has not suffered any fire arm injury. Counsel further submits that there are contradictions in the statements of the witnesses recorded during trial and based on the grounds set forth in the appeal, the appellant has a strong likelihood of success and substantial prospect of acquittal. 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-appellant may be suspended during the pendency of the appeal and

Learned Public Prosecutor has vehemently opposed the submissions made herein-above.

Heard learned counsel for the parties and perused the statements of injured, namely Ajit (PW-1), medical expert (PW10) & the FSL Report (Ex.P-52) and the material made available on record.

Taking into consideration the term of sentence, Custody Period & 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-appellant 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-applicant, namely Deepak Singh alias Anil S/o Amirchand, by the learned Trial Court shall remain suspended during pendency of the appeal, provided he furnishes a personal bond in the sum of Rs.50,000/- together with two

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[SOSA 2137/2025]

sureties of Rs.25,000/- each, to the satisfaction of the learned Trial Court with the stipulation that he shall appear before this Court on 06.03.2026 and thereafter, as and when he is called upon to do so.

(VINOD KUMAR BHARWANI),J

SAURABH /50