SOSA/896/2026 of NAROTTAM S/O CHATURBHUJ @ RAMNATH, Vs STATE OF RAJASTHAN on 23 July 2026

Order

23/07/2026 This suspension of sentence application under Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the accused-applicant (for brevity, “the applicant”) alongwith the appeal. The applicant has been convicted and sentenced by the learned District & Sessions Judge, Baran (for short, ‘the learned trial Court’) vide judgment dated 15.10.2024 passed in Sessions Case No.29/2023 CIS No.29/2023 as under:-

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1. Under Section 302 or 302/34 IPC: Life imprisonment and fine of Rs. 10,000/-; in default whereof, three months' additional imprisonment. Learned counsel for the applicant submits that similarly situated co-accused namely Monu and Rohit @ Tonu have already been granted benefit of suspension of their sentence by a Co- ordinate Bench of this Court vide orders dated 21.01.2026 and 30.04.2026 respectively and his case is not distinguishable from the case of those co-accused. He, therefore, prays that the suspension of sentence application be allowed. Per contra, though, learned Public Prosecutor, assisted by learned counsel for complainant, opposed the prayer; but, could not dispute that case of the applicant is not distinguishable from the case of co-accused, whose suspension of sentence applications have already been allowed by a Co-ordinate Bench of this Court. Heard. Considered. In view of the aforesaid undisputed position that case of the applicant is not distinguishable from the case of two co-accused person, who have already been extended the benefit of suspension of sentence by a Co-ordinate Bench of this Court, we deem it just and proper to extend the same benefit to the applicant on parity. Accordingly, the suspension of sentence application is allowed. Substantive sentence awarded to the applicant- Narottam S/o Chaturbhuj @ Ramnath by the learned trial Court vide judgment dated 15.10.2024 shall remain suspended during pendency of the appeal and he shall be released on bail provided he furnishes bail bonds to the satisfaction of the learned

(3 of 3) [SOSA-896/2026] trial Court to the effect that he shall appear before this Court on 24.08.2026 and as and when called upon to do so till disposal of the appeal and subject to the following conditions:-

1. That he will appear before the learned trial Court in the month of January of every year till the appeal is decided.

2. That if the applicant changes the place of residence, he will give in writing his changed address to the learned trial Court as well as to his learned counsel in the High Court who shall, in turn, inform this Court.

3. Similarly, if the sureties change their address(es), they will give in writing their changed address to the learned trial Court. The learned trial Court shall keep the record of attendance of the accused-applicant in a separate file. Such file be registered as Criminal Misc. Case relating to original case in which the accused- applicant was tried and convicted. A copy of this order shall also be placed in that file for ready reference. Criminal Misc. file 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 accused-applicant does 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),J (MAHENDAR KUMAR GOYAL),J 16/RINCHU