Rajasthan High Court - Jodhpur

Ramandeep Singh @ Ramna @ Beparwah vs State Of Rajasthan ... on 18 March, 2025

Author: Pushpendra Singh Bhati

Bench: Pushpendra Singh Bhati

[2025:RJ-JD:14303-DB]

       HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                        JODHPUR
 D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
                                  No. 462/2025

Ramandeep Singh @ Ramna @ Beparwah S/o Kashmir Singh,
Aged About 22 Years, R/o Thandewala P.s. Mukhtsar Distt.
Mukhtsar (Presently Lodged At Central Jail , Bikaner)
                                                                         ----Appellant
                                       Versus
State Of Rajasthan, Through Pp
                                                                      ----Respondent


For Petitioner(s)            :     Dr. RDSS Kharlia
For Respondent(s)            :     Mr. C.S. Ojha, PP



      HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

HON'BLE MR. JUSTICE CHANDRA PRAKASH SHRIMALI

Order

18/03/2025

1. The appellant-applicant herein has been convicted and

sentenced as below vide judgment dated 21.01.2019 passed by

the learned Additional Sessions Judge, Sangaria, District

Hanumangarh in Sessions Case No.16/2016 (CIS No.16/2016):-

      Offence               Sentence                                 Fine
460 IPC             Life Imprisonment            Rs.20,000/- and in default of
                                                 which to further undergo two
                                                 years' S.I.
323/34 IPC          One year's S.I.              Rs.1,000/- and in default of
                                                 which to further undergo one
                                                 month's S.I.
324/34 IPC          Three years' S.I.            Rs.1,000/- and in default of
                                                 which to further undergo three
                                                 months' S.I.
326/34              Ten years' S.I.              Rs.10,000/- and in default of
                                                 which to further undergo two
                                                 years' S.I.
307/34              Ten years' S.I.              Rs.20,000/- and in default of
                                                 which to further undergo two



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                                                   years' S.I.
302/34                Life Imprisonment            Rs.20,000/- and in default of
                                                   which to further undergo two
                                                   years' S.I.
397/34                Seven years' R.I.            Rs.5,000/- and in default of
                                                   which to further undergo one
                                                   year's R.I.

2. The appellant-applicant has preferred the application for

suspension of sentence under Section 389 Cr.P.C. for suspension

of sentences during the pendency of the appeal and for release on

bail.

3. Learned counsel for the appellant-applicant has pointed out

that co-accused Sukhvinder Singh @ Dhona has already been

granted bail by a Coordinate Bench of this Court vide order dated

13.02.2025 passed in D.B. Criminal Misc. II Suspension of

Sentence Application (Appeal) No.1227/2024. The order is

reproduced hereunder:-

"This is the second attempt by the convict-applicant, namely, Sukhvinder Singh @ Dhona to seek suspension of sentence awarded to him in Sessions Case No.16 of 2016.

2. The first Suspension of Sentence Application moved by the convict-applicant was rejected by an order dated 16th October 2019.

3. In Sessions Case No.16 of 2016, the present convict applicant has been awarded simple imprisonment for ten years with a fine of Rs.10,000/- under section 326/34 of Indian Penal Code, simple imprisonment for ten years with a fine of Rs.20,000/- under section 307/34 of Indian Penal Code and life imprisonment with a fine of Rs.20,000/- under section 302/34 of the Indian Penal Code for committing murder of Anil Kumar and causing grievance injuries to his wife Manju.

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4. In the trial, the prosecution produced eighteen witnesses and laid in evidence several documents to support the charge under sections 460, 323/34, 324/34, 326/34, 307/24, 302/34, 397/34, 411 of the Indian Penal Code framed against Ramandeep @ Ramna @ Beparwah, Sukhvinder Singh @ Dhona and Rahul.

5. Ms. Kinjal Purohit, the learned counsel for the present convict-applicant refers to the evidence of P.W.-1 Pradeep Kumar and P.W.-3 Banwari Lal to submit that these witnesses are not eyewitness to the occurrence and conviction of the accused persons relying on their testimony seems to be prima facie unsustainable in law.

6. Mr. C.S. Ojha, the learned Public Prosecutor has opposed this Suspension of Sentence Application on the ground that after the judgment of conviction is rendered, the presumption of innocence shall dilute and there is no other intervening circumstance for the present convict-applicant to move this Suspension of Sentence application.

7. However, having regard to the custody of more than eight years undergone by the present convict-applicant and having considered the testimony of P.W.-1 and P.W.-3, we are inclined to allow D.B. Criminal Misc 2nd Suspension of Sentence Application (Appeal) No.1227 of 2024, therefore, it is ordered that the substantive sentence awarded to the convict-applicant, namely, Sukhvinder Singh @ Dhona shall remain suspended during pendency of the D.B. Criminal Appeal No.125 of 2019 and he shall be released on bail, provided he executes a personal bond of Rs.1,00,000/- with two sureties of Rs. 50,000/- each to the satisfaction of learned trial Judge for his appearance in this Court on 24th March 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 changes the place of residence, he will give in writing his changed

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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."

8. The learned trial Court shall keep the record of attendance of the convict-applicant in a separate file. Such file be registered as Criminal Misc. Case relating to original case in which the convict 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 convict-applicant does not appear before the trial Court, learned trial Judge shall report the matter to the High Court for cancellation of bail."

3.1. Learned counsel further submits that case of the accused

appellant is akin to the case of the co-accused Sukhvinder Singh.

Moreover, the custody of the accused appellant is also similar in

nature to the co-accused, as the appellant has also undergone

actual custody of 08 years, 10 months & 17 days and with

remission custody of 11 years, 2 months & 17 days.

4. Learned Public Prosecutor opposes the application for

suspension of sentence but is unable to point out anything, which

could distinguish the case of the present appellant from that of

the co-accused.

5. Heard learned counsel for the parties and perused the

material available on record.

6. Having considered of the totality of facts and circumstances

of the case as also the fact that similarly situated co-accused has

has already been granted bail by a Coordinate Bench of this Court,

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I consider it just and proper to suspend the substantive sentence

awarded to the accused appellant.

7. Accordingly, this S.B. Suspension of Sentence Application

(Appeal) filed under Sec.389 Cr.P.C. is allowed and it is ordered

that the substantive sentence passed by the trial court vide

judgment dated 21.01.2019 passed by the learned Additional

Sessions Judge, Sangaria, District Hanumangarh in Sessions Case

No.16/2016 (CIS No.16/2016) against appellant - Ramandeep

Singh @ Ramna @ Beparwah S/o Kashmir Singh shall remain

suspended till final disposal of the aforesaid appeal, provided he

executes a personal bond in the sum of Rs.50,000/- with two

sureties of Rs.25,000/- to the satisfaction of the 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 appellant changes 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.