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Rajasthan High Court - Jodhpur
Bhom Singh vs State Of Rajasthan ... on 1 December, 2025
Bench: Farjand Ali, Anand Sharma
[2025:RJ-JD:51882-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 2027/2025
IN
D.B. Criminal Appeal No.288/2025
Bhom Singh S/o Ram Singh, Aged About 44 Years, Amla Police
Station Phalodi District Jodhpur (Lodged In Dist. Jail, Jaisalmer)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Nishant Bora
For Respondent(s) : Mr. C.S. Ojha, PP
HON'BLE MR. JUSTICE FARJAND ALI
HON'BLE MR. JUSTICE ANAND SHARMA
Order
01/12/2025
1. The instant application for suspension of sentence has been
moved on behalf of the applicant in the matter of judgment dated
06.08.2025 passed by the learned Additional Sessions Judge,
District Jaisalmer in Sessions Case No.58/2016 (63/2011whereby
he was convicted and sentenced to suffer imprisonment for life
along with a fine of Rs.10,000/- and in default of payment of fine
to further undergo six months' simple imprisonment under
Sections 302/149 & 302/120-B of IPC and lesser punishment for
the other offences under Sections 148/149 & 365/149 of IPC.
2. Succinctly stated the facts of the case are that on the basis
of the information contained in Exhibit P/24, a prosecution was
launched against ten persons. After a rigorous trial, three were
acquitted, one absconded and six were convicted by the learned
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trial Court for committing the offence of criminal conspiracy,
kidnapping, forming unlawful assembly and murdering the
deceased Prithvi Singh.
3. Learned counsel for the petitioner submitted that the
application for suspension of sentence moved on behalf of co-
accused Omprakash @ Omaram S/o Keshuram has been granted
by the co-ordinate Bench of this Court vide order dated
14.10.2025 in D.B. Criminal Misc. Suspension of Sentence
Application (Appeal) No.1840/2025 and similarly situated accused
Jagdish S/o Rewanta Ram, Shivdan Singh S/o Jugat Singh and
Narpat Singh S/o Kalu Singh have been granted by the co-
ordinate Bench of this Court vide order dated 14.10.2025 in D.B.
Criminal Misc. Suspension of Sentence Application (Appeal)
No.1765/2025. It is contended that the case of the appellant-
applicant Bhom Singh in no manner distinguishable that to the
case of co-accused named above.
4. It is contended by the learned counsel for the appellant that
the learned trial Judge has not appreciated the correct, legal and
factual aspects of the matter and thus, reached at an erroneous
conclusion of guilt, therefore, the same is required to be
appreciated again by this court being the first appellate Court. The
appellant was on bail during trial and did not misuse the liberty so
granted to him; hearing of the appeal is likely to take long time,
therefore, the application for suspension of sentence may be
granted.
5. Mr. Nishant Bora, learned counsel for the petitioner,
vehemently urges that the only piece of evidence relied upon by
the prosecution have been the traces of blood stains on the
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vehicle of which the appellant is a registered owner and recovery
of a lathi. As far as the recovery of a lathi is concerned, learned
counsel submitsd that the co-accused Om Prakash, who has been
granted the concession of bail, was also alleged to have been
carrying a lathi in his hand which was recovered during the
investigation. It is further argued that though the appellant is the
registered owner of the vehicle but as a matter of fact, the
prosecution brought the case with the specification that the
vehicle was being used by the co-accused Raimal, who is the full
blood brother of the appellant.
6. Per contra, learned public prosecutor has vehemently
opposed the prayer made by learned counsel for the accused-
applicant for releasing the appellant on application for suspension
of sentence.
7. Heard learned counsel for the parties on application for
suspension of sentence, gone through the niceties of the case,
particularly, the impugned judgment dated 06.08.2025 and the
fact that some of the accused persons have been given the
concession of bail during the pendency of the appeal.
8. Considering the overall submissions, this Court feels that the
case of the applicant-appellant is identical to the case of the other
persons, who have been granted bail by suspending their
sentence. The appellant was on bail during trial but never ever
misuse of the same was complained off. The submission with
regard to control and possession as well as the recovery of the
vehicle from the co-accused Raimal Singh has a force, though this
Court would desist from making any final opinion on this point at
this stage, since the appeal is yet to be heard on merits.
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9. Looking to the facts and circumstances of the case, to
maintain judicial discipline, parity and the fact that hearing of the
appeal would likely to take a long time and further considering the
submission that during the entire course of trial, he remained on
bail and did not misuse the liberty so granted to him, this Court is
of the opinion that it is a fit case for suspending the sentence
awarded to the accused-appellant.
10. Accordingly, the application for suspension of sentence filed
under Section 430 BNSS (erstwhile Section 389 Cr.P.C.) is allowed
and it is ordered that the sentence passed by learned trial court,
the details of which are provided in the first para of this order,
against the appellant-applicant named above 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.50,000/-with two sureties of Rs.25,000/- each to the
satisfaction of the learned trial Judge for his appearance in this
court on 05.01.2026 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 changes 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
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Criminal Misc. Case related 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 be taken into account for statistical purpose relating to
pendency and disposal of cases in the trial court. In case the said
accused applicant does not appear before the trial court, the
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(ANAND SHARMA),J (FARJAND ALI),J
5-AnilKC/-
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