Rajasthan High Court - Jodhpur
Lokesh Mochi vs State Of Rajasthan ... on 23 April, 2025
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
[2025:RJ-JD:19680-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 651/2025
Lokesh Mochi S/o Shri Late Raju, Aged About 20 Years, R/o Gali
No.27, Aalu Factory, Kachchi Basti, Police Station Ambamata,
District Udaipur (Raj.).
(Presently Lodged In Central Jail, Udaipur).
----Appellant
Versus
State Of Rajasthan.
----Respondent
For Petitioner(s) : Mr. J.V.S. Deora
For Respondent(s) : Mr. C.S. Ojha, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
HON'BLE MR. JUSTICE SANDEEP SHAH
Order
23/04/2025
1. The appellant-applicant herein has been convicted and
sentenced vide judgment dated 19.11.2024 passed by the learned
Special Judge, SC/ST (Prevention of Atrocities) Cases, Udaipur, in
Session Case No.15/2021 (C.I.S. No.15/2021):
Offence Sentence Fine
307/34 IPC Life Imprisonment Rs.20,000/- and in default of
which to further undergo 1 year's
S.I.
323/34 IPC 6 Months' SI Rs.500/- and in default of which to
further undergo one month's S.I.
324/34 IPC 3 years S.I. Rs.5000/- and in default of which
to further undergo two months'
S.I.
[2025:RJ-JD:19680-DB] (2 of 5) [SOSA-651/2025]
2. The appellant-applicant has preferred the application for
suspension of sentence under Section 430 of B.N.S.S./389 Cr.P.C.
for suspension of sentence during the pendency of the appeal and
for release on bail.
3. Learned counsel for the appellant-applicant makes a limited
submission that the sentence of principal accused namely Inayat
Khan has been suspended by a Co-ordinate Bench of this Court
vide order dated 26.03.2025 passed in D.B. Cr. Misc. Suspension
of Sentence Application (Appeal) No.78/2025 on 26.03.2025,
which reads as follows:
"This Suspension of Sentence application has been
moved by Inayat Khan who along with Lokesh Mochi
suffered conviction and sentence of life imprisonment
under section 307/34 of the Indian Penal Code. These
accused persons have also been convicted under sections
323/34 and 324/34 of the Indian Penal Code and under
section 3(2)(v) of the Scheduled Castes and the
Scheduled Tribes (Prevention of Atrocities) Act, 1989.
2. This suspension of sentence application is opposed by
Mr. C.S. Ojha, the learned Public Prosecutor.
3. Mr. Firoz Khan, the learned counsel for the applicant-
convict states that during the trial the applicant-convict
was granted privilege of bail and now he has remained in
judicial custody for more than one year. On merits, the
learned counsel for the applicant-convict refers to the
medical evidence tendered by P.W.10 Puneet Jain who
rendered an opinion that the cause of death was
cumulative effect of the injuries caused to Naresh. The
learned counsel for the applicant-convict states that as
regards injury no.1, there is considerable confusion and
even the victim has stated in the Court that he cannot
say with certainty who caused injury no.1 to him.
4. The learned counsel for the applicant convict further
contends that without recording any justifiable reason,
the maximum sentence under section 307 of the Indian
Penal Codehas been awarded to the applicant - convict.
5. Having regard to the aforesaid facts and circumstances
of the case, we are inclined to allow this Suspension of
Sentence Application.
[2025:RJ-JD:19680-DB] (3 of 5) [SOSA-651/2025]
6. Ordered accordingly.
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, Inayat Khan son of Shri Idrish
Khan, 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 for his
appearance before the Deputy Registrar(Judicial),
Rajasthan High Court, Jodhpur on 28th April 2025 and
abide by the following further conditions:-
"1. The convict-applicant shall disclose his
mobile phone number, if any.
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. He shall appear before the Court concerned
each year on lastworking day of June and
December.
4. Similarly, if the sureties change their
address(s) they will give in writing their
changed address to the trial Court."
8. In view of the judgment of Hon'ble Apex Court in case
of "P.K. Shaji @ Thammanam Shaji vs. State of Kerala"
(2005) 13 SCC 283, in the event the applicant-convict
commit any default of the conditions imposed for grant of
bail, the concerned Court shall take necessary steps in
the matter.
9. D.B. Criminal Misc Suspension Of Sentence
Application(Appeal) No.78 of 2025 is allowed."
4. Learned counsel for the appellant has thereafter, taken this
Court towards the testimony of injured eyewitness-Lokesh, who in
his deposition has deposed that while he was surrounded by
Rihan, Inayat and Lokesh, the stab injuries of knife were caused
by Inayat and Rihan whereas a Pan (Tagari) injury has been
caused by Lokesh Mochi, the present applicant-appellant.
5. Learned Public Prosecutor though opposes the application for
suspension of sentence, but is unable to refute the aforesaid
factual matrix of the case.
[2025:RJ-JD:19680-DB] (4 of 5) [SOSA-651/2025]
6. Thus, having gone through the record as well as the
judgment of the learned Trial Court and without making any
observations on merits of the case, this Court deems it
appropriate to suspend the substantive sentence of the appellant-
applicant during the pendency of the appeal.
7. Accordingly, the instant application for suspension of
sentence filed under Section 430 B.N.S.S./389 Cr.P.C. is allowed
and it is ordered that substantive sentence passed by learned
Special Judge, SC/ST (Prevention of Atrocities) Cases, Udaipur in
Session Case No.15/2021 (C.I.S. No.15/2021) against the
appellant-applicant Lokesh Mochi S/o Late Shri Raju, shall
remain suspended till final disposal of the aforesaid appeal and he
shall be released on bail, provided he execute/s a personal bond in
the sum of Rs.50,000/- each with two sureties of Rs.25,000/-
each to the satisfaction of learned trial Judge for his appearance in
this Court on 26.05.2025 and whenever ordered to do so till the
disposal of the appeal on the conditions indicated below:
1. That he will appear before the trial court in the month of
January of every year till the appeal is decided.
2. That if the applicant change the place of residence, he
will give in writing his changed address to the trial Court as
well as to the counsel 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.
8. 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
[2025:RJ-JD:19680-DB] (5 of 5) [SOSA-651/2025]
not been taken into account for statistical purpose relating to
pendency and disposal of the cases in the trial court. In case the
said accused-applicant do not appear before the trial court,
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(SANDEEP SHAH),J (DR.PUSHPENDRA SINGH BHATI),J
98-mohit/-
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