[Cites 3, Cited by 0]
Rajasthan High Court - Jodhpur
Gangaram vs State Of Rajasthan ... on 11 December, 2025
Bench: Vinit Kumar Mathur, Anand Sharma
[2025:RJ-JD:53697-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 386/2024
1. Gangaram S/o Shri Naru Gadri, Aged About 42 Years.
2. Kaluram S/o Shri Ganga Ram Gadri, Aged About 21 Years.
3. Tulsiram S/o Shri Ratu Gadri, Aged About 45 Years.
4. Smt. Nathi Devi W/o Shri Gangaram Gadri, Aged About
40 Years.
All R/o Majhawas Ka Kheda @ Guman Singhji Ka Kheda,
Police Station Gangapur, Dist. Bhilwara.
5. Nanalal @ Nanuram S/o Shri Kishna Gadri, Aged About 45
Years R/o Amarpura P.S. Railmagra, District Rajsamand
(All are Presently Lodged At Dist. Jail, Bhilwara)
----Applicants
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Sanjay Mathur
Mr. Harshit Goyal
Mr. Manoj Kumar Pareek
For Respondent(s) : Mr. CS Ojha, PP
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
HON'BLE MR. JUSTICE ANAND SHARMA
Order
11/12/2025
1. Heard learned counsel for the parties.
2. The present application has been filed by the applicants
under section 389 of the Code of Criminal Procedure, 1973
(hereinafter referred to as 'Cr.P.C.') (430 of the Bhartiya Nagrik
Suraksha Sanhita, 2023) seeking suspension of sentence awarded
to them by the learned Additional Sessions Judge, Gangapur,
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District Bhilwara (hereinafter referred to as 'trial Court') vide
judgment dated 05.03.2024 passed in Session Case
No.22/2015(34/14), whereby following sentences have been
awarded against the accused-applicants.
S.No Offence Sentence Fine
1. 147 of One Year S.I. To pay a fine of Rs.1,000/-; in
IPC default thereof to further
undergo Fifteen days' simple
imprisonment
2. 148 of Two years S.I. To pay a fine of Rs.1,000/-; in
IPC default thereof to further
undergo Fifteen days' simple
imprisonment
3. 149 of ------ To pay a fine of Rs.2,000/-; in
IPC default thereof to further
undergo Fifteen days' simple
imprisonment
4. 323 of Three months S.I. To pay a fine of Rs.5,00/-; in
IPC default thereof to further
undergo Seven days' simple
imprisonment
5. 341 of ----- To pay a fine of Rs.5,00/-; in
IPC default thereof to further
undergo Seven days' simple
imprisonment
6. 308 of Seven Years R.I. -------
IPC
7. 302 of Life Imprisonment To pay a fine of Rs.5,000/-; in
IPC default thereof to further
undergo Three months
Rigorous imprisonment
2. The present application seeking suspension of sentence has
been filed by the applicants on the ground that on account of
some heated altercation between the parties, the incident
occurred in which the complainant party sustained injuries. The
injuries sustained by the deceased - Nandram are on non vital
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part and even as per the injury report, the same are shown to be
on the legs of the deceased - Nandram.
3. Learned counsel submits that the even as per the statement
of the PW-27 - Dr. Chhail Bihari, the injuries caused to deceased -
Nandram are not sufficient to cause death in the ordinary course.
4. Learned counsel further submits that the deceased was
admitted in the hospital on 29.12.2013 and he was got discharged
from the hospital on 23.01.2014 without permission of the
doctors. Ultimately, the deceased died on 31.01.2014. He submits
that the applicants were on bail during trial.
4. Learned Public Prosecutor has opposed the application
seeking suspension of sentence.
5. We have considered the submissions made at the Bar and
perused the record of the case.
6. The fact that the agriculture lands of the applicants and the
complainant are situated close to each other. On a trivial issue,
the incident occurred in which the deceased - Nandram received
injuries on his legs. Thereafter, he was admitted to the hospital,
however, the family members of deceased - Nandram got him
discharged from the hospital against the medical advice and he
died after almost one and half month from the date of incident.
The injury report as well as the statement of PW-27 clearly show
that the injuries sustained by the deceased - Nandram were not
sufficient to cause death in the ordinary course.
7. Considering the entirety of the facts and circumstances of
the case, the application seeking suspension of sentence filed by
the applicants is hereby allowed. It is ordered that the sentence
passed by the learned Additional Sessions Judge, Gangapur
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District Bhilwara vide judgment dated 05.03.2024 in Session Case
No.22/2015(34/2014) against the applicant - 1. Gangaram S/o
Shri Naru Gadri, 2.Kaluram S/o Shri Ganga Ram Gadri, 3.Tulsiram
S/o Shri Ratu Gadri, 4.Smt. Nathi Devi W/o Shri Gangaram Gadri,
5.Nanalal @ Nanuram S/o Shri Kishna Gadri, shall remain
suspended till final disposal of the aforesaid appeal and they shall
be released on bail, provided they execute a personal bond in the
sum of Rs.1,00,000/- each with two sureties of Rs.50,000/- each
to the satisfaction of the learned trial Judge for his appearance in
this Court on 20.01.2026 and whenever ordered to do so till the
disposal of the appeal on the conditions indicated below:-
(i) That they will appear before the trial Court in the month of
January of every year till the appeal is decided.
(ii) That if the applicants changes the place of residence, they will
give in writing his changed address to the trial Court as well as to
the counsel in the High Court.
(iii) Similarly, if the sureties change their address, 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-applicants in a separate file. Such file be registered as
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.
8. Needless to state that the observations made hereinabove in
relation to guilt or otherwise of the applicant is prima-facie opinion
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considering the material to the extent necessary for the purpose
of consideration of instant application. None of the parties shall
rely upon the findings or observations made herein at the time of
arguing final hearing of the appeal.
(ANAND SHARMA),J (VINIT KUMAR MATHUR),J
51-nitin/-
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