Rajasthan High Court - Jodhpur
Moti Ram vs State Of Rajasthan ... on 27 March, 2025
[2025:RJ-JD:16138-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc. Suspension of Sentence Application (Appeal)
No. 1555/2024
Moti Ram son of Sada Ji, aged about 43 Years, resident of
Richhadi, Police Station Swroopganj, District Sirohi (Petitioner
lodged at District Jail Jodhpur)
----Petitioner
Versus
State of Rajasthan, through Pp
----Respondent
For Petitioner(s) : Mr. Kaluram Bhati, Advocate
For Respondent(s) : Mr. C.S. Ojha, Public Prosecutor
HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
HON'BLE MR. JUSTICE CHANDRA SHEKHAR SHARMA
Order
27/03/2025
This Suspension of Sentence application has been moved by
Moti Ram son of Sada Ji who has suffered conviction and sentence
of life imprisonment with a fine of Rs. 50,000/- under section 302
of the Indian Penal Code. The convict-applicant has also suffered
conviction and sentence of simple imprisonment for three years
and a fine of Rs. 5,000/- under section 201 of the Indian Penal
Code.
2. According to the prosecution, the occurrence happened on a
quarrel between the convict-applicant and the deceased Ranglal.
The trial Judge on appreciation of the materials on record
acquitted Nemaram, Ramaram and Moti son of Shankar of the
criminal charges framed against them and as noticed above
[2025:RJ-JD:16138-DB] (2 of 3) [SOSA-1555/2024]
convicted and sentenced the present convict-applicant for the
offence under sections 302 and 201 of the Indian Penal Code.
3. Mr. C.S. Ojha, the learned Public Prosecutor opposing this
suspension of sentence application refers to the evidence tendered
by P.W.9-Bhagaram, who according to the prosecution was witness
to the last seen together.
4. However, on a glance at paragraph no.37 of the judgment
under challenge, we find that the trial Judge has recorded that
P.W.9-Bhagaram admitted in his cross-examination that he could
know about the murder of Ranglal later on. Quite evidently,
P.W.9-Bhagaram is not a person who saw Ranglal alive in the
company of the accused persons.
5. Mr. Kaluram Bhati, the learned counsel for the convict-
applicant states that by now the convict-applicant has remained in
judicial custody for more than eight years.
6. Having regard to the aforesaid facts and circumstances of
the case, we are inclined to allow this suspension of sentence
application.
7. Ordered accordingly.
8. This application for suspension of sentence filed under
section 389 Cr.P.C is allowed and it is ordered that the applicant-
convict, namely, Moti Ram son of Sada Ji, shall be released on bail
on executing a personal bond of Rs.1,00,000/- with two sureties
of Rs.50,000/- each to the satisfaction of the trial Judge for his
appearance before the Deputy Registrar (Judicial), Rajasthan High
Court, Jodhpur on 28th April 2025 and abide by the following
further conditions:-
[2025:RJ-JD:16138-DB] (3 of 3) [SOSA-1555/2024]
"1. The convict-applicant shall disclose his mobile phone
number, if any.
2. He shall not change his place of residence and in the event it
becomes necessary that he has to shift his residence, he would
promptly inform the Court concerned.
3. If the sureties change their address(s) they will give in
writing their changed address to the trial Court.
4. He shall appear before the Court concerned each year on last
working day of June and December."
9. In view of the judgment of Hon'ble Apex Court in case of
"P.K. Shaji @ Thammanam Shaji vs. State of Kerala" (2005) 13
SCC 283, in the event the convict-applicant commit any default of
the conditions imposed for grant of bail, the concerned Court shall
take necessary steps in the matter.
10. D.B. Criminal Misc. Suspension of Sentence Application
(Appeal) No.1555 of 2024 is allowed.
(CHANDRA SHEKHAR SHARMA),J (SHREE CHANDRASHEKHAR),J
27-KshamaD/-
Powered by TCPDF (www.tcpdf.org)
