Rajasthan High Court - Jodhpur
Kachara Ram vs State Of Rajasthan ... on 3 April, 2025
[2025:RJ-JD:17412-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension of Sentence Application (Appeal)
No. 67/2025
In D.B. Criminal Appeal (D.B.) No.6/2025
Kachara Ram son of Shri Diyal Ram, aged about 50 Years,
resident of Maheshpura, Police Thana Kheenvsar, District Nagaur
Rajasthan (presently lodged at District Jail Ajmer)
----Petitioner
Versus
State of Rajasthan, through PP
----Respondent
For Petitioner(s) : Mr. Vikram Singh, Advocate
For Respondent(s) : Mr. CS Ojha, Public Prosecutor
HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
HON'BLE MR. JUSTICE SANDEEP SHAH
Order
03/04/2025
Kachara Ram has moved this Suspension of Sentence
Application primarily on the ground that the extra-judicial
confession of co-accused Trilok Ram who died before his
statement under section 313 of the Code of Criminal Procedure
was recorded in Sessions Case No.14/2010 (95/11) (21/15)
146/14 cannot be a legal evidence so as to record conviction for
committing murder.
2. This Suspension of Sentence Application has been opposed
by Mr. C.S. Ojha, the learned Public Prosecutor on the ground that
the convict-applicant failed to offer a plausible explanation as to
recovery of incriminating articles from him.
[2025:RJ-JD:17412-DB] (2 of 3) [SOSA-67/2025]
3. As we gather from the judgment dated 30 th November 2024
passed in aforementioned sessions case, the trial judge took note
for the extra-judicial statement made by Trilok Ram before PW-10
Sehdev Ram and PW-14 Shivkaran. As we have noticed, Trilok
Ram passed away before this incriminating circumstance could
have been brought to his notice during his examination under
section 313 of Code of Criminal Procedure. In any event, the
extra-judicial confessional statement of the co-accused is week
piece of evidence and cannot be the ground for conviction for
murder. As to recovery of certain incriminating articles from
Kachara Ram, we are of the prima facie opinion that such
recoveries are also not free from doubt and the convict-applicant
has been able to make out a case for suspension of sentence.
5. Ordered accordingly.
6. Having regard to the aforesaid facts and circumstances of
the case, we are inclined to allow this Suspension of Sentence
Application.
7. This application for suspension of sentence filed under
section 389 Cr.P.C is allowed and it is ordered that the applicant-
convict, namely, Kachara Ram son of Shri Diyal Ram, shall be
released on bail on executing a personal bond of Rs.1,00,000/-
with two sureties of Rs.50,000/- each to the satisfaction of the
trial Judge. He shall appear before the Deputy Registrar (Judicial),
Rajasthan High Court, Jodhpur on 05th May 2025 and abide by the
following further conditions:-
"1. The convict-applicant shall disclose his mobile phone number, if
any.
[2025:RJ-JD:17412-DB] (3 of 3) [SOSA-67/2025]
2. He shall not change his place of residence and in the event it
becomes necessary that he has to shift his residence, he would
promptly inform the Court concerned.
3. If the sureties change their address(s) they will give in writing
their changed address to the trial Court.
4. He shall appear before the Court concerned each year on last
working day of June and December."
8. In view of the judgment of Hon'ble Apex Court in case of
"P.K. Shaji @ Thammanam Shaji v. State of Kerala" (2005) 13
SCC 283, in the event the convict-applicant commit any default of
the conditions imposed for grant of bail, the concerned Court shall
take necessary steps in the matter.
7. D.B. Criminal Misc. Suspension of Sentence Application
(Appeal) No.67 of 2025 is allowed.
(SANDEEP SHAH)J (SHREE CHANDRASHEKHAR),J
50-Love/Mohit/-
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