Rajasthan High Court - Jodhpur
Balram vs State Of Rajasthan ... on 17 March, 2025
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
[2025:RJ-JD:14215-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 345/2025
Balram S/o Maniram, Aged About 34 Years, R/o 15 A.s Police
Station Ramsinghpur, District. Sriganganagar. (Presently Lodged
In Central Jail, Sriganganagar)
----Petitioner
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent
For Petitioner(s) : Mr. Rajeev Purohit
Mr. Pravin Vyas
For Respondent(s) : Mr. Deepak Choudhary, GA cum AAG
Mr. R.S. Choudhary a/w
Mr. S.S. Gour
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
HON'BLE MR. JUSTICE CHANDRA PRAKASH SHRIMALI
Order
17/03/2025
1. The appellant-applicant herein has been convicted and
sentenced as below vide judgment dated 01.10.2024 passed by
the learned Additional Sessions Judge No.1, Anoopgarh, District
Sriganganagar in Sessions Case No.47/2010:
Offence Sentence Fine
341 IPC One Month' S.I. Rs.500/- and in default of which
to further undergo seven days'
S.I.
323/34 IPC One Year' R.I. Rs.1,000/- and in default of
which to further undergo 15
days' S.I.
427 IPC Two years' R.I. Rs.2,000/- and in default of
which to further undergo one
month' S.I.
324/34 IPC Three years' R.I. Rs.5,000/- and in default of
which to further undergo one
[2025:RJ-JD:14215-DB] (2 of 4) [SOSA-345/2025]
month' S.I.
326/34 IPC Ten Years' R.I. Rs.20,000/- and in default of
which to further undergo two
months' S.I.
307/34 IPC Life Imprisonment Rs.50,000/- and in default of
which to further undergo three
months' S.I.
2. The appellant-applicant has preferred the application for
suspension of sentence under Section 430 of B.N.S.S. for
suspension of sentences during the pendency of the appeal and
for release on bail.
3. Learned counsel for the appellant submits that similarly
placed co-accused Maniram and Sharwan Kumar have been
accorded suspension of sentence by a Division Bench of this Court
in D.B. Cr. Misc. Suspension of Sentence Application (Appeal)
Nos.92/2025 and 1304/2024 on 11.02.2025 and 24.10.2024
respectively, the case of the present appellant-applicant is not
distinguishable from that of the said co-accused and therefore, the
appellant may also be accorded benefit of suspension of sentence.
4. Learned Public Prosecutor and learned counsel for the
complainant oppose the application for suspension of sentence,
but are unable to refute the aforesaid factual matrix.
5. Having gone through the record and the judgment of the
trial court, it is apparent that the allegations against the appellant-
applicant are identical with that of the co-accused, who have been
accorded suspension of sentence by a Co-ordinate Bench of this
Court. Without making any observations on merits of the case,
this Court deems it appropriate to suspend the substantive
sentence of the appellant-applicant during the pendency of the
appeal.
[2025:RJ-JD:14215-DB] (3 of 4) [SOSA-345/2025]
6. Accordingly, the instant application for suspension of
sentence filed under Section 430 of B.N.S.S. is allowed and it is
ordered that substantive sentence passed by learned Additional
Sessions Judge No.1, Anoopgarh, District Sriganganagar in
Sessions Case No.47/2010, against the appellant-applicant,
namely, Balram S/o Maniram, 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 learned
trial Judge for his appearance in this court on 21.04.2025 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,
[2025:RJ-JD:14215-DB] (4 of 4) [SOSA-345/2025]
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(CHANDRA PRAKASH SHRIMALI),J (DR.PUSHPENDRA SINGH BHATI),J
46-Sudheer/-
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