Rajasthan High Court - Jodhpur
Mula Ram vs State Of Rajasthan ... on 7 July, 2025
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
[2025:RJ-JD:29100-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 773/2025
Mula Ram S/o Sh. Deva Ram, Aged About 71 Years, R/o Village-
Naya Ram, Police Station-Nosara, as it then was. Now Police
Station And Tehsil Bhadrajun, District- Jalore (Raj) (Presently
Lodged In Central Jail, Jodhpur)
----Applicant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Chakarvati Singh Rathore
For Respondent(s) : Mr. Rajesh Bhati, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
HON'BLE MR. JUSTICE SUNIL BENIWAL
Order
07/07/2025
1. The applicant-appellant herein has been convicted vide
judgment dated 18.07.2024 and sentenced as below vide
judgment dated 22.07.2024 passed by the learned Sessions
Judge, Jalore in Sessions Case No.09/2016 (CIS No.06/2016):
Offence Sentence Fine
447 IPC Three months' S.I. -
323/34 IPC Three months' S.I. -
302/34 IPC Life Imprisonment Rs.25,000/- and in default of
which to further undergo six
months' S.I.
2. The applicant-appellant has preferred the application for
suspension of sentence under Section 430(2) of B.N.S.S. for
suspension of sentences during the pendency of the appeal and
for release on bail.
[2025:RJ-JD:29100-DB] (2 of 3) [SOSA-773/2025]
3. Learned counsel for the applicant-appellant has drawn
attention of this Court towards the statements of eye-witnesses
particularly, PW-6 and 7, wherein, they have consistently
attributed the accused Ranchhoda Ram with the axe blow on the
head of the deceased, whereas, the present petitioner has been
attributed with axe blow on lips. He has further taken this Court to
the postmortem report, which indicates that cause of death is
ante-mortem head injury, which has been attributed to Ranchhoda
Ram alone. Learned counsel submits that both the parties are
close family members and they entered into an altercation on a
dispute pertaining to their cattle grazing into each other's field. He
submits that petitioner has undergone the actual custody of
approximately two and a half year and he was on bail during trial.
4. Learned Public Prosecutor opposes the application for
suspension of sentence.
5. This Court on a conjoint consideration of the statements of
PW-6 and 7, which categorically attribute the blow causing death
upon Ranchhoda Ram being corroborated by the postmortem
report, custody period of the accused appellant, the appellant was
on bail during trial and the fact that he is about 71 years of age,
deems it appropriate to suspend the substantive sentence of the
appellant-applicant during the pendency of the appeal.
6. Accordingly, the instant application for suspension of
sentence filed under Section Section 430(2) of B.N.S.S. is allowed
and it is ordered that substantive sentence passed by learned
Sessions Judge, Jalore in Sessions Case No.09/2016(CIS
No.06/2016), against the appellant-applicant - Mula Ram S/o
Sh. Deva Ram, shall remain suspended till final disposal of the
[2025:RJ-JD:29100-DB] (3 of 3) [SOSA-773/2025]
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/- to the satisfaction of learned trial Judge for
his appearance in this court on 11.08.2025 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 change 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
Criminal Misc. Case relating 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 been taken into account for statistical purpose relating to
pendency and disposal of the cases in the trial court. In case the
said accused-applicant does not appear before the trial court,
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(SUNIL BENIWAL),J (DR. PUSHPENDRA SINGH BHATI),J
42-nirmala/-
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