Rajasthan High Court - Jodhpur
Hadman Ram vs State Of Rajasthan (2025:Rj-Jd:11724) on 3 March, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:11724]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1736/2024
Hadman Ram S/o Narsingaram, Aged About 47 Years, R/o
Sirmandi, P.s. Osiya, Dist. Jodhpur,raj. (Confined In Dist. Jail,
Pali)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Bhagirath Ray Bishnoi
For Respondent(s) : Mr. Deepak Choudhary, GA cum AAG
with Mr. Kuldeep Singh Kumpawat
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment
03/03/2025
Heard learned counsel for the parties and perused the
material available on record.
Learned counsel for the appellant submits that the appellant
was on bail during the trial and similar situated co-accused Kailash
has been acquitted by the trial court vide its order dated
19.01.2021. He further submits that there are no other criminal
antecedents against the present petitioner. Further, it is submitted
that during cross examination, Mr. Mohitash Singh Panwar, learned
Judicial Magistrate (PW/14) in his statement admitted that the
seized articles produced before him did not have case number
mentioned on them, no seal was affixed and further most of the
bags seized were in torn condition. Counsel further submits that
[2025:RJ-JD:11724] (2 of 3) [SOSA-1736/2024]
hearing of the appeal will take sufficiently long time, therefore, the
sentence of the appellant may be suspended.
Learned Public Prosecutor opposed the prayer for suspension
of sentence.
Upon a consideration of the arguments advanced on behalf
of the appellant and having regard to the facts and circumstances
of the case including the facts that the appellant was on bail
during the trial and hearing of the appeal is likely to take time,
therefore, this court is of the opinion that it is a fit case for
suspending the sentence awarded to the accused appellant.
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 Additional Session Judge, Jaitaran
District Pali vide judgment dated 12.11.2024 in Criminal Original
Session Case No.41/2010 (57/2016) (CIS No.44/2016) against
the appellant-applicant - Hadman Ram S/o Narsingaram shall
remain suspended till final disposal of the aforesaid appeal
provided he/she/they 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/her/their appearance
in this court on 07.04.2025 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 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.
[2025:RJ-JD:11724] (3 of 3) [SOSA-1736/2024]
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-applicant 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 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
156-mSingh/-
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