Rajasthan High Court - Jodhpur
Ramniwas vs State Of Rajasthan (2025:Rj-Jd:4416) on 23 January, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:4416]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 85/2025
1. Ramniwas S/o Madanlal, Aged About 48 Years, R/o Bata
Ki Dhani Kawariyat, P.s. Padukalan, Dist. Nagaur. (Lodged
At Dist. Jail, Nagaur)
2. Bajudevi W/o Madanlal, Aged About 68 Years, R/o Bata Ki
Dhani Kawariyat, P.s. Padukalan, Dist. Nagaur. (Lodged At
Dist. Jail, Nagaur)
3. Rameshwari D/o Madanlal, Aged About 30 Years, R/o Bata
Ki Dhani Kawariyat, P.s. Padukalan, Dist. Nagaur. (Lodged
At Dist. Jail, Nagaur)
----Petitioners
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Abhishek Mehta
Mr. Dilip Choudhary
For Respondent(s) : Mr. Neeraj Kumar Gurjar, GA cum
AAG assisted by Mr. Narendra Gehlot
Mr. Ravindra Kumar Acharya
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment
23/01/2025
Heard learned counsel for the parties and perused the
material available on record.
Learned counsel for the appellants submits that the
appellants were on bail during the trial and hearing of the appeal
will take sufficiently long time, therefore, the sentence of the
appellants may be suspended.
Learned Public Prosecutor and counsel for the complainant
opposed the prayer for suspension of sentence.
Upon a consideration of the arguments advanced on behalf
of the appellants and having regard to the facts and circumstances
[2025:RJ-JD:4416] (2 of 3) [SOSA-85/2025]
of the case including the facts that the appellants was on bail
during the trial and hearing of the appeal will take sufficiently long
time, therefore, this court is of the opinion that it is a fit case for
suspending the sentence awarded to the accused appellants.
Accordingly, the application for suspension of sentence filed
under Section 389 Cr.P.C. is allowed and it is ordered that the
sentence passed by learned Sessions Judge, Merta vide judgment
dated 07.01.2025 in Session Case No.110/2014 against the
appellant-applicants - 1. Ramniwas S/o Madanlal, 2. Bajudevi
W/o Madanlal and 3. Rameshwari D/o Madanlal shall remain
suspended till final disposal of the aforesaid appeal 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 24.02.2025 and
whenever ordered to do so till the disposal of the appeal on the
conditions indicated below:-
1. That 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 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.
3. Similarly, if the sureties change their address, they will
give in writing their changed address to the trial Court.
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
[2025:RJ-JD:4416] (3 of 3) [SOSA-85/2025]
pendency and disposal of cases in the trial court. In case the said
accused applicants do not appear before the trial court, the
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(MANOJ KUMAR GARG),J
148-mSingh/-
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