Rajasthan High Court - Jodhpur

Peera Ram vs State Of Rajasthan ... on 12 May, 2025

Author: Pushpendra Singh Bhati

Bench: Pushpendra Singh Bhati

[2025:RJ-JD:22766-DB]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                         JODHPUR
 D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
                                  No. 767/2025

Peera Ram S/o Shri Kal Ram, Aged About 32 Years, R/o Hingolia
Fali Malap P.s. Pindwara, Dist. Sirohi (Raj.) (Presently Lodged At
Central Jail, Jodhpur)
                                                                       ----Appellant
                                       Versus
State Of Rajasthan, Through Pp
                                                                     ----Respondent


For Petitioner(s)            :     Mr. Jagdish Singh
For Respondent(s)            :     Mr. CS Ojha, PP



        HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

HON'BLE MR. JUSTICE SUNIL BENIWAL

Order

12/05/2025

1. The appellant-applicant herein has been convicted and

sentenced as below vide judgment dated 02.12.20215 passed by

the learned Additional Sessions Judge, No.2 Abu Road, District

Sirohi in Sessions Case No.40/2015 (11/2014) :

        Offence            Sentence                                 Fine
302/34 IPC          Life Imprisonment Rs.25,000/- and in default of
                                      which to further undergo one
                                      year's S.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. The incident occurred on 30.01.2014 at about 9:30 PM,

when the present accused inflicted axe blow on the head of the

deceased, due to an old animosity.

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

applicant is that as the applicant has undergone the actual

custody of 11 years, 2 months and 1 day and a total custody of 14

years, 5 months and 2 days 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.

5. 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.

6. Learned Public Prosecutor opposes the application for

suspension of sentence. He confirms that the accused appellant

has undergone actual sentence of 11 years, 2 months & 1 day and

a total sentence of 14 years, 5 months and 2 days.

7. We have considered the submissions made by learned

counsel for the parties and have perused the material available on

record.

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

2015 also are pending for hearing, there is no likelihood of hearing

of the present appeal in near future.

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9. 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. "

10. 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 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."

11. 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.

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12. 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.

13. 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.

14. 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, No.2 Abu Road, District Sirohi in Sessions Case

No.40/2015 (11/2014) against the appellant-applicant - Peera

Ram S/o Shri Kal Ram 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/- each with

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

Judge for their appearance in this court on 14.07.2025 and

whenever ordered to do so till the disposal of the appeal on the

conditions indicated below:

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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 address to the trial Court as well as to the counsel in the High Court.