Rajasthan High Court - Jodhpur
Smt Badhu vs State Of Rajasthan ... on 9 December, 2025
Author: Farjand Ali
Bench: Farjand Ali
[2025:RJ-JD:53350-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 2213/2025
In
D.B. Criminal Appeal No.388/2025
1. Smt Badhu W/o Hemnath, Aged About 60 Years, Resident
Of Bamblu, P.s. Jamsar District Bikaner. At Present
Lodged In Central Jail, Bikaner.
2. Smt Saroj D/o Hemnath, Aged About 30 Years, W/o
Heernath, Aged 30 Years, Resident Of Bamblu, P.s.
Jamsar District Bikaner. At Present Lodged In Central Jail,
Bikaner.
3. Smt Sita W/o Sohannath, Aged About 50 Years, Resident
Of Bamblu, P.s. Jamsar District Bikaner. At Present
Lodged In Central Jail, Bikaner.
----Petitioners
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr.Rakesh Matoria
For Respondent(s) : Mr. C.S. Ojha
HON'BLE MR. JUSTICE ARUN MONGA
HON'BLE MR. JUSTICE FARJAND ALI Order 09/12/2025
1. The instant application for suspension of sentence under Section 389 CrPC has been preferred on behalf of the appellants- applicants Smt. Badhu W/o Hemnath, Smt. Saroj D/o Hemnath and Smt. Sita W/o Sohannath, who have been convicted and sentenced vide judgment of conviction and order of sentence dated 17.11.2025 passed by the learned Addl. Sessions Judge (Uploaded on 10/12/2025 at 03:17:24 PM) (Downloaded on 10/12/2025 at 08:56:08 PM) [2025:RJ-JD:53350-DB] (2 of 5) [SOSA-2213/2025] No.3, Bikaner in Sessions Case 29/2014. They have been punished under Sections 147 IPC and 302 IPC and sentenced for life imprisonment along with fine of Rs.20,000/- with default clause.
2. In brief the facts of the case are that on 27.05.2014, at about 5:30 p.m., Bhanwar Nath was allegedly intercepted near a well by a group of persons travelling in a pickup vehicle, including the accused Mohan Nath and others. They brutally assaulted and inflicted fatal injuries on Bhanwar Nath with lathis and thereafter fled away from the scene, abandoning the vehicle after it hit a wall. The injured was taken to PBM Hospital, where he was declared dead. On the written report lodged the same night by the complainant Akanath, FIR No. 105/2014 was registered at P.S. Jamsar, District Bikaner, initially against Mohan Nath under Section 302 IPC, with further investigation against other assailants kept pending under Section 173(8) Cr.P.C.
2.1. Upon completion of investigation, charges under Section 302 IPC were framed against Mohan Nath. During trial, on the basis of evidence led, additional accused (present appellants) were summoned under Section 319 Cr.P.C. and charged for offences under Sections 147 and 302 IPC, alternatively under Section 302 r.w. Section 149 IPC. The prosecution examined 12 witnesses and produced documentary and material evidence, while the defence adduced limited evidence. By judgment dated 17.11.2025, the trial court convicted the appellants for the offences under Sections 147 and 302/149 IPC and sentenced them accordingly. Hence the instant application for suspension of sentence.
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3. Learned counsel for the accused-appellants submits that the trial court has grossly erred in convicting and sentencing the accused-appellants. It is submitted on behalf of the appellants that a false case has been foisted against them. They are willing and ready to furnish bail bonds for their release. Therefore, the application for suspension of sentence may be granted and their sentence may be suspended.
4. Learned Public Prosecutor has vehemently opposes the prayer made by learned counsel for the accused-appellants.
5. We have heard the learned counsel for the parties and gone through the relevant record available on the Court file.
6. A careful and composite reading of the record makes it manifest that, during the course of investigation, the present appellants were expressly exonerated by the investigating agency. They were not sent for trial. Consequently, they were not arraigned as accused before the Court at the stage contemplated under Sections 190 to 193 of the Code of Criminal Procedure. They were implicated only at a subsequent stage of the trial, when certain prosecution witnesses, for the first time, attributed an active role to them in the alleged occurrence. Acting upon such belated testimonies, the complainant invoked the extraordinary jurisdiction of the Trial Court under Section 319 Cr.P.C. Pursuant thereto the appellants were summoned, arrested, subjected to trial, and eventually convicted.
6.1. In this peculiar factual milieu, this Court, while exercising jurisdiction as the first appellate court, is under a solemn obligation to undertake a thorough, balanced, and dispassionate reappraisal of both the factual substratum and the legal (Uploaded on 10/12/2025 at 03:17:24 PM) (Downloaded on 10/12/2025 at 08:56:08 PM) [2025:RJ-JD:53350-DB] (4 of 5) [SOSA-2213/2025] framework of the prosecution case. The depositions of witnesses who implicated the appellants only during trial, despite their prior silence and notwithstanding the clear investigative exoneration, necessarily warrant the most cautious and rigorous scrutiny. Significantly, the conviction of the appellants is founded almost entirely on the perceived credibility of these witnesses, whereas the investigative report had unequivocally opined in their favour. 6.2. Equally material is the fact that no recovery of any weapon, incriminating article, or other corroborative evidence has been effected at the instance of the present appellants. The conspicuous absence of such supporting material, when viewed in conjunction with their earlier absolution during investigation, raises serious, substantial, and eminently arguable questions striking at the very root of the impugned judgment of conviction. These issues call for an in-depth examination in the present appeal, the final hearing and disposal whereof, given its nature and pendency, is likely to take a considerable length of time.
7. Considering the overall submissions of the parties and looking to the totality of facts and circumstances of the case while refraining from passing any final comments on the merits of the matter, we are of the opinion that it is a fit case for suspending the sentence awarded to the accused-appellants.
8. Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentence passed by the learned vide judgment dated 17.11.2025 in Sessions Case No.29/2014 against the appellant-applicants- named in first para of the order shall remain suspended till final (Uploaded on 10/12/2025 at 03:17:24 PM) (Downloaded on 10/12/2025 at 08:56:08 PM) [2025:RJ-JD:53350-DB] (5 of 5) [SOSA-2213/2025] disposal of the aforesaid appeal and they shall be released on bail provided each of them executes a personal bond in the sum of Rs.50,000/-with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for their appearance in this court on 12.01.2026 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-
1. That they will appear before the trial Court in the month of January of every year till the appeal is decided.
2. That if the applicants change the place of residence, they will give in writing their changed address to the trial Court as well as to their counsel(s) in the High Court.
3. Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court.
The learned trial Court shall keep the record of attendance of the accused-applicants in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused- applicants were 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 cases in the trial court. In case, the said accused-applicants do not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.
(FARJAND ALI),J (ARUN MONGA),J
19-Mamta/-
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