Rajasthan High Court - Jodhpur
Tara Chand vs State Of Rajasthan on 11 August, 2025
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal (Sb) No. 1979/2025
1. Tara Chand S/o Ganpat Ram, Aged About 39 Years,
Resident Of Mahravansar Tehsil District Churu.
2. Ram Singh S/o Ganpat Ram, Aged About 38 Years,
Resident Of Mahravansar Tehsil District Churu.
3. Shiv Bhagwan S/o Ganpat Ram, Aged About 35 Years,
Resident Of Mahravansar Tehsil And District Churu.
----Appellants
Versus
State Of Rajasthan, Thorugh PP
----Respondent
For Appellant(s) : Mr. Rakesh Matoria
For Respondent(s) : Mr. Surendra Bishnoi, PP
HON'BLE MR. JUSTICE SANDEEP SHAH
Order
11/08/2025
IN S.B. Criminal Appeal (SB) No. 1979/2025:-
1. Admit.
2. Call for the record.
IN S.B. Criminal Misc. Suspension of Sentence Application
No.1499/2025:-
1. Heard learned counsel for the appellants-applicants as well
as learned Public Prosecutor and perused the material available on
record.
2. Learned counsel for the appellants-applicants submits that
the appellant-applicants have been convicted for the offences
under Sections 342, 365, 323/34, 324/34, 325/34 & 326/34 of
IPC. Learned counsel for the appellants-applicants submits that
the maximum punishment is three years rigorous imprisonment
(2 of 3) [CRLAS-1979/2025]
and that the sentence has already been suspended for a period of
30 days by the learned Trial Court. He further submits that a
perusal of the injury report will reveal that all the injuries are on
non-vital parts, and therefore, he prays for suspension of
sentence. He further submits that the appellants-applicants were
on bail during the trial and there is no chance of hearing of the
appeal in near future. In these circumstances, it is prayed that the
appellants-applicants may be released on bail.
3. Learned Public Prosecutor opposes the application for
suspension of sentence.
4. Upon consideration of the arguments advanced on behalf of
the appellants-applicants and having regard to the facts and
circumstances of the case, particularly the fact that the injuries
are on non-vital parts, as emphasized in paragraph no.42 of the
judgment of the learned Trial Court while referring to the evidence
of PW-5 Dr. Sudhanshu Saran, including the fact that the sentence
has already been suspended by the learned Trial Court and the
appellants-applicants were on bail during the trial and also there is
no chance of hearing of the appeal in near future, this Court is of
the opinion that it is a fit case for suspending the sentences
awarded to the accused appellants-applicants.
5. Accordingly, the application for suspension of sentence filed
under Section 430 of BNSS is allowed and it is ordered that the
sentence passed by the learned Sessions Judge, Churu, vide
judgment dated 29.07.2025 in Sessions Case No.82/2022, arising
out of FIR No.179/2021 at Police Station Bhaleri, District Churu,
against the appellants-applicants namely; (1) Tara Chand S/o
Ganpat Ram, (2) Ram Singh S/o Ganpat Ram & (3)
(3 of 3) [CRLAS-1979/2025]
Shivbhagwan S/o Ganpat Ram, shall remain suspended till
final disposal of the aforesaid appeal and they shall be released on
bail, provided each of them execute 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 their appearance in this
court on 15.09.2025 and whenever ordered to do so till the
disposal of the appeal on the conditions indicated below:-
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 appellants-applicants in a separate file. Such file be registered
as Criminal Misc. Case related to original case in which the
appellants-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 appellants-applicants do 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
3-devrajP/-
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