Rajasthan High Court - Jodhpur
Sharwanram vs State Of Rajasthan (2025:Rj-Jd:34783) on 6 August, 2025
[2025:RJ-JD:34783]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension of Sentence Application (Appeal)
No. 1188/2025
Sharwanram S/o Gemraram, Aged About 45 Years, R/o Sura
Jageer Police Thana Barmer Gramin District Barmer (Dist Jail
Barmer)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Surendra Bagmalani
For Respondent(s) : Mr. Surendra Bishnoi, PP
HON'BLE MR. JUSTICE SANDEEP SHAH
Order
06/08/2025
1. Heard learned counsel for the appellant-applicant as well as
learned Public Prosecutor and perused the material available on
record.
2. Learned counsel for the appellant-applicant submits that
even if the injuries are admitted, the offences under Sections 341,
323, 325/34, 329, 307/34 IPC are not made out against the
appellant-applicant. He further submits that, as per the injury
reports, the injuries are not shown to have been caused by the
weapon allegedly attributed to the appellant-applicant, nor are
they on any vital part of the body of injured persons. He also
submits that the sentence has already been suspended by the
learned Trial Court vide order dated 23.05.2025. In these
circumstances, he prays that the sentence awarded to the
[2025:RJ-JD:34783] (2 of 3) [SOSA-1188/2025]
appellant-applicant may be suspended and he may be released on
bail.
3. Learned Public Prosecutor opposes the application for
suspension of sentence and supports the order passed by the
learned Trial Court, while asserting that, looking to the nature of
injuries sustained by four persons, the appellant-applicant is not
entitled to be enlarged on bail.
4. Upon consideration of the arguments advanced on behalf of
both the parties, and having regard to the facts and circumstances
of the case, including the fact that the appellant-applicant was on
bail during the course of trial, and that there is no likelihood of the
appeal being heard in the near future, as also the fact that the
injuries are on non vital part of body of injured persons, this Court
is of the opinion that the present case warrants suspension of the
sentence awarded to the appellant-applicant.
5. Accordingly, the application for suspension of sentence filed
under Section 415(2) of BNSS is allowed and it is ordered that
the sentence passed by the learned Special Judge, for SC/ST
(Prevention of Atrocities) Act, Barmer, vide judgment dated
23.05.2025 in Sessions Case No.15/2016, (CIS No.61/2016)
against the appellant-applicant Sharwanram S/o Gemraram,
shall remain suspended till final disposal of the aforesaid appeal
and he shall be released on bail, provided he executes a personal
bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/-
each to the satisfaction of the learned trial Judge for his
appearance in this court on 10.09.2025 and whenever ordered to
do so till the disposal of the appeal on the conditions indicated
below:-
[2025:RJ-JD:34783] (3 of 3) [SOSA-1188/2025]
1. That he/she/they will appear before the trial
Court in the month of January of every year till the
appeal is decided.
2. That if the applicant(s) changes the place of
residence, he/she/they will give in writing
his/her/their 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.
6. The learned trial Court shall keep the record of attendance of
the accused-applicant(s) in a separate file. Such file be registered
as Criminal Misc. Case related to original case in which the
accused-applicant(s) was/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 applicant(s) does not appear before the trial
court, the learned trial Judge shall report the matter to the High
Court for cancellation of bail.
(SANDEEP SHAH),J
109-devrajP/-
Powered by TCPDF (www.tcpdf.org)
