Rajasthan High Court - Jodhpur
Bhola Ram vs State Of Rajasthan ... on 24 April, 2025
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
[2025:RJ-JD:19824-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1291/2024
Bhola Ram S/o Devi Singh, Aged About 36 Years, R/o Near
Idgah, Government Resident Quarter, Rawatbhata ,p.s.
Rawatbhata ,district Chittorgarh. (Presently Lodged In District
Jail Chittorgarh)
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Surendra Singh Shaktawat
For Respondent(s) : Mr. Deepak Choudhary, GA-cum-AAG
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
HON'BLE MR. JUSTICE SANDEEP SHAH
Order
24/04/2025
1. The appellant-applicant herein has been convicted and
sentenced as below vide judgment dated 11.03.2024 passed by
the learned Additional Sessions Judge, Begun, District Chittorgarh
in Sessions Case No.148/2021 (CIS No.08/2020):
Offence Sentence Fine
Rs.50,000/- and in default of
302 IPC Life Imprisonment which to further undergo three
years' S.I.
2. The appellant-applicant has preferred the application for
suspension of sentence under Section 389 Cr.P.C. (now Section
430(2) of BNSS) for suspension of sentences during the pendency
of the appeal and for release on bail.
3. Learned counsel for the appellant-applicant submits that the
incident is of 08.10.2019 at about 3:00 PM, as narrated by the
complainant Smt. Ranu (PW-3) that her elder daughter Shivani
and younger daughter Riya entered into an altercation while
playing, for which, she scolded her daughter Shivani, then her
[2025:RJ-JD:19824-DB] (2 of 3) [SOSA-1291/2024]
husband Bhola Ram (accused) came and started fighting with her
upon which she came out of the house. Thereafter, complainant
was informed by neighbour Siraj @ Ganju (Pw-11) that her elder
daughter Shivani has been thrown from the rooftop and hit by a
wall, which resulted into injury followed by her death. He has
drawn attention of this Court to the statement of PW-3
(complainant) whereby she has completely turned hostile and has
only referred to an accidental death of her daughter. PW-11 Siraj
also turned hostile by denying the complete incident. He also
submits that there no other supporting witnesses.
4. Learned GA-cum-AAG opposes the application for suspension
of sentence but is unable to point out anything, which could
support the story of the prosecution. He submits that as per the
reply submitted on behalf of the State, the custody of the accused
appellant is 05 years, 01 month & 1 day as on 07.11.2024.
5. This Court on a conjoint consideration of the fact that none
of the witnesses supported the case of the prosecution including
Pw-3 (mother of the deceased) and Pw-11 Siraj and also looking
to the custody period of 05 years, 01 month & 01 day, deems it
appropriate to suspend the substantive sentence of the appellant-
applicant during the pendency of the appeal.
6. Accordingly, the instant application for suspension of
sentence filed under Section 389 Cr.P.C. (now Section 430(2) of
BNSS) is allowed and it is ordered that substantive sentence
passed by learned Additional Sessions Judge, Begun, District
Chittorgarh in Sessions Case No.148/2021 (CIS No.08/2020),
against the appellant-applicant, namely Bhola Ram S/o Devi
Singh, shall remain suspended till final disposal of the aforesaid
[2025:RJ-JD:19824-DB] (3 of 3) [SOSA-1291/2024]
appeal and he shall be released on bail, provided he executes a
personal bond in the sum of Rs.50,000/- with two sureties of
Rs.25,000/- 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.
7. 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
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 does 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
41-nirmala/-
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