Rajasthan High Court - Jodhpur

Saluram vs State Of Rajasthan ... on 19 March, 2025

Author: Pushpendra Singh Bhati

Bench: Pushpendra Singh Bhati

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        HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                         JODHPUR
 D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
                                  No. 731/2024

Saluram S/o Shri Revantram, Aged About 41 Years, B/c Jat, R/o
Lodera, P.s. Doongergarh, Dist. Bikaner (Raj.) (At Present
Lodged In Central Jail, Bikaner)
                                                                       ----Petitioner
                                       Versus
State Of Rajasthan, Through Pp
                                                                     ----Respondent


For Petitioner(s)            :     Mr. Trilok Joshi
For Respondent(s)            :     Mr. C.S. Ojha, AGC
                                   Mr. K.R. Saharan



        HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

HON'BLE MR. JUSTICE CHANDRA PRAKASH SHRIMALI

Order

19/03/2025

1. The appellant-applicant herein has been convicted and

sentenced as below vide judgment dated 09.02.2023 passed by

the learned Additional Session Judge, Sridoongargarh, Bikaner, in

Sessions Case No.09/2015 (CIS no.210/2015):

        Offence            Sentence                                 Fine
302 IPC             Life Imprisonment Rs.10,000/- and in default of
                                      which to further undergo one
                                      month imprisonment.

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.

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3. Brief facts of this case are that the complainant presented a

complaint before the police station Sridoongargarh, Bikaner

against the appellant-applicant on 29.01.2015 with the allegation

that the wife of the accused Sharbati was murdered by him on

28.01.2015 along with his family members. However, he submits

that though the merits of the case warrant intervention, but he is

restricting his arguments to the prolonged period of incarceration

endured by the appellant, i.e., more than 10 years.

4. The plea raised by learned counsel for the appellant-

applicant is that the applicant has undergone a sentence of more

than 10 years, as he is in judicial custody since 03.02.2015 and

there is no chance of hearing of the appeal in near future, thus, in

view of the directions of the Hon'ble Supreme Court dated

15.09.2022 in Sonadhar v. The State of Chhattisgarh : SLP (Crl.)

No.529/2021, the sentence of the applicant be suspended and he

be enlarged on bail.

4.1. Further submissions have been made that there are no

reasons and / or extenuating circumstances for denial of bail.

Submissions have also been made with reference to order dated

05.10.2021 in Saudan Singh v. The State of Uttar Pradesh : SLP

(Crl.) No.4633/2021, wherein also observations have been made

regarding grant of bail in the appeal at the High Court stage

except certain exceptions and that none of the exceptions are

applicable in the present case.

5. Learned Additional Government Counsel appearing for the

State opposes the application for suspension of sentence with the

submission that as the appellant-applicant has committed heinous

offence, suspension of sentence of such offender would send

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adverse message in the society. However, he has not denied that

the applicant has already undergone a total sentence of 10 years

during trial and after sentence.

6. We have considered the submissions made by learned

counsel for the parties and have perused the material available on

record.

7. Looking to the fact that criminal appeals pertaining to year

2023 also are pending for hearing, there is no likelihood of hearing

of the present appeal in near future.

8. The Hon'ble Supreme Court in the case of Saudan Singh

(supra) observed an exception, which could be a broad guideline,

which reads as follows :-

"1. Heinous nature of crime :

(a) Prohibited categories : To ensure public peace and the well-being of the society, life convicts who are hardened criminals, repeat offenders, kidnappers, in crimes related to massacre (three or more than three murders), habitual criminals, and fall in prohibited categories as per the U.P. Jail Standing Policy- no bail should be granted. "

9. The Hon'ble Supreme Court in the case of Sonadhar (supra),

while dealing with SMW (Crl.) No.4/2021 pertaining to 'life

convicts in jail whose appeals are pending before the High Court'

inter-alia, issued the following directions :-

"We consider appropriate to issue directions in terms of the aforesaid suggestions to the Patna High Court and on a pari materia basis to even the other High Courts. However, in order to carry out this exercise, the data would have to be compiled of such of the persons who have been in custody for more than 10 years and more than 14 years, with these persons being considered for grant of bail pending appeal, if there is no chance of hearing of the appeal in the near future, unless there are reasons for denial of bail. We can understand if any of

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the parties is delaying the appeal itself but short of that, we are of the view that all persons who have completed

10 years of sentence and appeal is not in proximity of hearing with no extenuating circumstances should be enlarged on bail."

10. Prior to that in the case of Saudan Singh (supra) also

observations were made regarding grant of bail in cases where

convicts have undergone sentence for sufficiently long time and

appeals were pending at the High Court stage with exceptions

indicated therein.

11. In the present case as observed herein-before, the appellant-

applicant has already undergone sentence for more than 10 years

and apparently, there are no chances of hearing of the present

appeal in near future. Except for the fact that the appellant-

applicant was involved in offence leading to his conviction for life,

nothing has been brought on record by way of extenuating

circumstances for denial of suspension of sentences.

12. Consequently, following the order in the case of Sonadhar

(supra) and observations made in Saudan Singh (supra), without

making any observations on merits of the case only on account of

the fact that more than 10 years' sentences has already been

undergone by the appellant-applicant, we are inclined to suspend

the substantive sentences of the appellant-applicant during the

pendency of the appeal.

13. Accordingly, the instant application for suspension of

sentences filed under Section 389 Cr.P.C. is allowed and it is

ordered that substantive sentence passed by learned Additional

Sessions Judge, Sridoongargarh, Bikaner, in Session Case

No.09/2015 against the appellant-applicant Saluram S/o

Revantram, shall remain suspended till final disposal of the

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aforesaid appeal and he shall be released on bail, provided he

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

sureties of Rs.25,000/- each to the satisfaction of learned trial

Judge for their appearance in this court on 28.04.2025 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 applicants change the place of residence, they will give in writing their changed address to the trial Court as well as to the counsel in the High Court.