Mahendra Singh Tanwar S/O Late Shri … vs State Or Rajasthan on 6 July, 2026

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    Rajasthan High Court – Jaipur

    Mahendra Singh Tanwar S/O Late Shri … vs State Or Rajasthan on 6 July, 2026

    [2026:RJ-JP:25003-DB]
    
            HIGH COURT OF JUDICATURE FOR RAJASTHAN
                        BENCH AT JAIPUR
    
         D. B. Criminal Miscellaneous Second Application for Stay on
                              Conviction No. 895/2026
    
                                               in
    
                     D.B. Criminal Appeal (Db) No. 5/2023
                             URN: CRLAD / 20U / 2023
    
    Mahendra Singh Tanwar S/o Late Shri Sohan Singh, Aged About
    65 Years, R/o Jaton Ka Mohalla Chomu, District Jaipur (At
    Present Appellant Lodged In Central Jail Sewar Bharatpur)
                                                  ----Accused-Appellant-Applicant
                                           Versus
    State Or Rajasthan, Through Cbi Special Public Prosecutor
    

    —-Respondent

    For Appellant(s) : Mr. Swadeep Singh Hora, Advocate
    assisted by Ms. Varuni Agarwal,
    Advocate.

    SPONSORED

    For Respondent(s) : Mr. Pradeep Kumar Chaudhary,
    Special Public Prosecutor (CBI).

    For
    Complainant/Victim: : Mr. Dharmendra Kumar, Advocate and
    Ms. Anisha Yadav, Advocate on behalf
    of Mr. Kapil Gupta, Advocate.

    HON’BLE MR. JUSTICE INDERJEET SINGH
    HON’BLE MR. JUSTICE BHUWAN GOYAL

    Order

    06/07/2026

    1. Heard on application for staying the order of conviction and

    sentence dated 16.11.2022 and 18.11.2022, respectively.

    2. Counsel for the accused-applicant submits that the sentence

    imposed upon the accused-applicant has already been suspended

    by a Co-ordinate Bench of this Court vide order dated 28.04.2023.

    Counsel further submits that the accused-applicant retired from

    service in the year 2015 and was thereafter in receipt of a

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    provisional pension. Following the suspension of his sentence, the

    accused-applicant had previously moved an application seeking a

    stay on the order of conviction and sentence; however, as his

    provisional pension remained undisturbed at that juncture, the

    said application was dismissed as withdrawn vide order dated

    21.02.2025. Counsel further submits that State Government vide

    order dated 23rd September, 2025 stopped even his provisional

    pension, and thereafter, since the fresh cause of action has arisen,

    the accused-applicant has filed this present application. Counsel

    further submits that the accused-applicant has also been

    exonerated in the departmental enquiry and after stoppage of his

    provisional pension, he is facing great hardship and if the order of

    conviction and sentence passed against the accused-applicant is

    not stayed, he would suffer irreparable loss.

    3. In support of his contentions, counsel for the accused-

    applicant places reliance upon the following authorities:

    i. Rama Narang versus Ramesh Narang, 1995 2 SCC 513

    ii. Navjot Singh Sindhu versus State of Punjab,

    MANU/SC/0648/2007

    iii. Afjal Ansari versus State of U.P., (2024) 2 SCC 187

    iv. Rahul Gandhi versus Purnesh Ishwarbhai Modi & Anr.,

    (2024) 2 SCC 595

    v. Hardik Bharatbhai Patel versus State of Gujarat (Supreme

    Court), Criminal Appeal No. 629/2022, Order dated

    12.04.2022

    vi. Rotan Singh versus State of Rajasthan, D. B. Criminal

    Appeal No. 76/2023, Order dated 10.07.2024

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    vii. Kaluram @ Kadu versus State of Rajasthan, D. B.

    Criminal Appeal No. 119/2023, Order dated

    03.12.2025

    viii. Jawaharlal versus State of Rajasthan, D. B. Criminal

    Miscellaneous Stay Application No. 1030/2020,

    Order dated 26.04.2023

    ix. Ranjeet Kumar versus State of Rajasthan, D. B. Criminal

    Appeal No. 288/2023, Order dated 19.12.2024

    x. Dharamraj versus State of Rajasthan, S. B. Criminal

    Appeal No. 964/2018, Order dated 17.04.2026

    xi. Jagdish Mani Tripathi versus State of Uttar Pradesh, 2026

    SCC OnLine All 2741

    4. Learned Special Public Prosecutor assisted by learned

    counsel for the complainant opposed the present application and

    submitted that the accused-applicant has been convicted and

    sentenced for life imprisonment, and therefore, no case is made

    out to stay the order of conviction and sentence.

    5. In support of their opposition, they relied on the following

    authorities:

    i. Shyam Narain Pandey versus State of Uttar Pradesh,

    (2014) 8 Supreme Court Cases 909

    ii. State of Punjab versus Deepak Mattu, (2007) 11 Supreme

    Court Cases 319

    6. Heard counsel for the parties and perused the record.

    7. Considering the facts and circumstance of the present case

    and also considering the facts; that the accused-applicant was on

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    bail during trial; that the sentence imposed upon the accused-

    applicant has already been suspended vide order dated

    28.04.2023; that he has been exonerated in the departmental

    enquiry and considering his old age, we deem it just and proper to

    stay the order of conviction and sentence passed against the

    accused-applicant till the disposal of the appeal to avoid the

    hardship that has fallen upon the accused-applicant due to

    stoppage of his pension.

    8. Accordingly, this application stands allowed, and

    consequently, the order of conviction and sentence dated

    16.11.2022 and 18.11.2022 shall remain stayed pending the final

    disposal of the appeal.

    (BHUWAN GOYAL),J (INDERJEET SINGH),J

    3/TUSHAR/741

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