Rajasthan High Court - Jodhpur
Ram Chandra @ Chandra vs State Of Rajasthan ... on 18 September, 2025
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2025:RJ-JD:41749-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 611/2025
1. Ram Chandra @ Chandra S/o Ranjeet Ram, Aged About
29 Years, R/o 5 AS Motasar, Ps Ramsinghpur, Dist.
Sriganganagar, Raj. (Lodged In Sub Jail Anoopgarh)
2. Subhash S/o Devilal, Aged About 44 Years, R/o 5 AS
Motasar, Ps Ramsinghpur, Dist. Sriganganagar, Raj.
(Lodged In Sub Jail Anoopgarh)
----Applicants
Versus
State of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Devilal Rawla
For Respondent(s) : Mr. Chandra Shekhar Ojha, Addl.GA
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
HON'BLE MR. JUSTICE ANUROOP SINGHI Order 18/09/2025
1. The present application has been filed by the applicants under section 389 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.') (430 of the Bhartiya Nagrik Suraksha Sanhita, 2023) seeking suspension of sentence awarded to them by the learned Additonal Sessions Judge No.1, Anoopgarh, District Sriganganagar (hereinafter referred to as 'trial Court') vide judgment dated 11.03.2024 passed in Session Case No.23/2018 (CIS No.21/2018) whereby following sentences have been awarded against the accused-applicants.
S.No Offence Sentence Fine
1. 302/120 Life Imprisonment To pay a fine of Rs.1,00,000/-;
-B/34 in default thereof to further
IPC undergo six months' simple
imprisonment
2. 450/120 Ten years' Rigorous To pay a fine of Rs.50,000/-; in
-B/34 Imprisonment default thereof to further IPC undergo three months' simple imprisonment (Uploaded on 18/09/2025 at 05:09:56 PM) (Downloaded on 18/09/2025 at 08:14:55 PM) [2025:RJ-JD:41749-DB] (2 of 4) [SOSA-611/2025]
3. 323/120 One year's To pay a fine of Rs.1000/-; in
-B/34 Rigorous default thereof to further IPC Imprisonment undergo one month's simple imprisonment
2. Learned counsel for the applicants-appellants submits that in case of Ram Chandra S/o Manphool Ram, the sentence has been suspended by a Coordinate Bench of this Court vide order dated 13.11.2024 and the case of the present applicants-appellants is not distinguishable from the case of Ram Chandra S/o Manphool Ram. Learned counsel submits that the applicants-appellants have suffered an incarceration of seven years. He further submits that the deceased sustained four injuries out of which only one was the fatal injury. He therefore, prays that the application for suspension of sentence in the present case may be allowed.
3. Per contra, learned Public Prosecutor submits that as per the testimony of PW-8 Manpreet Kaur, she has categorically stated that present appellants along with Ram Chandra S/o Manphool Ram after having forcefully entering into their house have assaulted Jagjeet Singh, who sustained multiple injuries and thereafter he succumbed to those injuries. Similarly PW-9 Phool Singh, PW-10 Dharma Singh and PW-11 Sandeep Kaur, who are the eye-witnesses of the incident have stated that the present applicants-appellants along with Ramchandra forcefully entered into their house and assaulted Jagjeet Singh and ultimately he succumbed to those injuries. Learned Public Prosecutor further submits that sentence of the co-accused Ram Chandra S/o Manphool Ram was suspended by the Co-Ordinate Bench on the ground that he had not entered in the house of the deceased and, (Uploaded on 18/09/2025 at 05:09:56 PM) (Downloaded on 18/09/2025 at 08:14:55 PM) [2025:RJ-JD:41749-DB] (3 of 4) [SOSA-611/2025] therefore, no injury was attributed to him. He, therefore, prays that the application for suspension of sentence may be dismissed.
4. We have considered the submissions made at the Bar and gone through the relevant record of the case and also scanned the statements of witnesses PW-8 Manpreet Kaur, PW-9 Phool Singh, PW-10 Dharma Singh, PW-11 Sandeep Kaur along with other witnesses of PW-12 Kalveer Singh and PW-13 Rani Kaur, wherein they have stated that all the three accused persons namely Ram Chandra S/o Ranjeet Ram, Ram Chandra S/o Manphool Ram and Subhash S/o Devilal have caused injuries to the deceased Jagjeet Singh. We find that the case of the present applicants is not distinguishable from the case of co-accused Ram Chandra S/o Manphool Ram and the same stands on similar footing, therefore, the same treatment is required to be extended to the present applicants-appellants also.
5. Accordingly, the application for suspension of sentence filed by the applicants-appellants is hereby allowed. It is ordered that the sentence passed by the learned Additonal Sessions Judge No.1, Anoopgarh, District Sriganganagar vide judgment dated 11.03.2024 passed in Session Case No.23/2018 (CIS No.21/2018) against the applicants- (1.) Ram Chandra @ Chandra S/o Ranjeet Ram and (2.) Subhash S/o Devilal shall remain suspended till final 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.1,00,000/- each with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for their appearance in this Court on 28.10.2025 and whenever (Uploaded on 18/09/2025 at 05:09:56 PM) (Downloaded on 18/09/2025 at 08:14:55 PM) [2025:RJ-JD:41749-DB] (4 of 4) [SOSA-611/2025] ordered to do so till the disposal of the appeal on the conditions indicated below:-
(i) That they will appear before the trial Court in the month of January of every year till the appeal is decided.
(ii) That if the applicants changes the place of residence, they will give in writing their changed address to the trial Court as well as to the counsel in the High Court.
(iii) Similarly, if the sureties change their address, they will give in writing their changed address to the trial Court.
6. 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.
7. Needless to state that the observations made hereinabove in relation to guilt or otherwise of the applicants is prima-facie opinion considering the material to the extent necessary for the purpose of consideration of instant application. None of the parties shall rely upon the findings or observations made herein at the time of arguing final hearing of the appeal.
(ANUROOP SINGHI),J (VINIT KUMAR MATHUR),J 19-Suraj/-
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