Rajasthan High Court - Jodhpur
Hadman Ram vs State Of Rajasthan (2025:Rj-Jd:47744) on 7 November, 2025
[2025:RJ-JD:47744]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1945/2025
1. Ashok S/o Shri Chaularam, Aged About 44 Years, R/o
Parasala PS Osian District Jodhpur
(Presently Lodged In Central Jail Jodhpur)
2. Punaram S/o Shri Achalaram Jat, Aged About 43 Years,
R/o Parasala Ps Osian District Jodhpur
(Presently Lodged In Central Jail Jodhpur)
----Petitioners
Versus
State Of Rajasthan, Through PP
----Respondent
Connected With
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 2014/2025
1. Hadman Ram S/o Bhoora Ram, Aged About 35 Years,
Residents Of Village Padasala, Police Station Osian,
District Jodhpur, Rajasthan. (Lodged In Central Jail,
Jodhpur)
2. Chaina Ram S/o Nattha Ram, Aged About 38 Years,
Residents Of Village Padasala, Police Station Osian,
District Jodhpur, Rajasthan. (Lodged In Central Jail,
Jodhpur)
3. Jagdish Ram S/o Loomba Ram, Aged About 55 Years,
Residents Of Village Padasala, Police Station Osian,
District Jodhpur, Rajasthan. (Lodged In Central Jail,
Jodhpur)
4. Deepa Ram S/o Anda Ram, Aged About 45 Years,
Residents Of Village Padasala, Police Station Osian,
District Jodhpur, Rajasthan. (Lodged In Central Jail,
Jodhpur)
5. Imarta Ram S/o Kana Ram, Aged About 53 Years,
Residents Of Village Padasala, Police Station Osian,
District Jodhpur, Rajasthan. (Lodged In Central Jail,
Jodhpur)
6. Achala Ram S/o Kisana Ram, Aged About 55 Years,
Residents Of Village Padasala, Police Station Osian,
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[2025:RJ-JD:47744] (2 of 5) [SOSA-1945/2025]
District Jodhpur, Rajasthan. (Lodged In Central Jail,
Jodhpur)
7. Lala Ram S/o Mangala Ram, Aged About 52 Years,
Residents Of Village Padasala, Police Station Osian,
District Jodhpur, Rajasthan. (Lodged In Central Jail,
Jodhpur)
8. Bheekha Ram S/o Bhoma Ram, Aged About 66 Years,
Residents Of Village Padasala, Police Station Osian,
District Jodhpur, Rajasthan. (Lodged In Central Jail,
Jodhpur)
9. Jasa Ram S/o Kishanaram, Aged About 60 Years,
Residents Of Village Padasala, Police Station Osian,
District Jodhpur, Rajasthan. (Lodged In Central Jail,
Jodhpur)
10. Kumbha Ram S/o Bhoma Ram, Aged About 35 Years,
Residents Of Village Padasala, Police Station Osian,
District Jodhpur, Rajasthan. (Lodged In Central Jail,
Jodhpur)
----Petitioners
Versus
1. State Of Rajasthan, Through PP
2. Pokar Ram S/o Manalaram, Resident Of Padasala Police
Station Matoda, Tehsil Osian District Jodhpur
----Respondents
For Petitioner(s) : Mr. Sunil Kumar Mehta
Mr. Jaikishan Haniya
For Respondent(s) : Mr. Shri Ram Choudhary, PP
HON'BLE MR. JUSTICE SANDEEP SHAH
Order
07/11/2025
1. Heard learned counsel for the appellants-applicants as well
as learned Public Prosecutor and perused the material available on
record.
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2. Learned counsel for the appellants-applicants submitsthat
the necessary ingredients of offence under Section 450 of IPC are
not made out in the case in hand as the prosecution has failed to
proved the ownership and possession of the land. They further
submit that the Investigating Officer PW-18 has categorically
accepted the fact that the proceedings under Sections 107 and
116 of Cr.P.C. were initiated emphasizing that the complainant had
forcefully taken possession of the land around 15 days prior to the
incident. They further refer to the statement of PW-2, who has
admitted the fact that the land was in khatedari of someone else.
They further submit that even the complainant PW 2 has not made
any assertion with regard to any act committed by the appellants
and the recovery witnesses have not supported the stand of the
prosecution. They further submit that the appellants were on bail
during the course of trial and hearing of the appeals will take time
and implore this Court to allow suspension of sentence
applications.
3. Per contra, the learned Public Prosecutor opposes the
applications for suspension of sentence and submits that the
learned Trial Court has considered each and every aspect of the
matter threadbare and thereafter the conviction order has been
passed, therefore, the accused-appellants are not entitled for any
indulgence whatsoever.
4. Upon consideration of the arguments advanced on behalf of
both sides and after having perused the record of the case,
including the facts that there are arguable points raised with
regard to the absence of necessary ingredients to make out the
offence under Section 450 IPC, other arguments as well with
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regard to the recovery witnesses not supporting the stand of the
prosecution, the appellants-applicants were on bail during the
course of trial and the chances of hearing of the appeals in near
future being bleak, this Court deems it appropriate to suspend the
sentence awarded to the accused-appellants.
5. Accordingly, the applications for suspension of sentence filed
under Section 430 BNSS (Old Provision Section 389 of Cr.P.C.) are
allowed and it is ordered that the sentence passed by the learned
Special Judge, SC/ST (Prevention of Atrocity) Cases, Jodhpur
Metropolitan, vide judgment dated 26.09.2025 in Sessions Case
No.39/2012 (NVC 490/2014), against the appellants-applicants
Ashok S/o Shri Chaularam, Punaram S/o Shri Achalaram
Jat, Hadman Ram S/o Bhoora Ram, Chaina Ram S/o Nattha
Ram, Jagdish Ram S/o Loomba Ram, Deepa Ram S/o Anda
Ram, Imarta Ram S/o Kana Ram, Achala Ram S/o Kisana
Ram, Lala Ram S/o Mangala Ram, Bheekha Ram S/o Bhoma
Ram, Jasa Ram S/o Kishanaram and Kumbha Ram S/o
Bhoma Ram shall remain suspended till final disposal of the
aforesaid appeals and they shall be released on bail, provided
each of them executes a personal bond in the sum of
Rs.1,00,000/- with two sureties of Rs.50,000/- each to the
satisfaction of the learned trial Judge for their appearance in this
court on 10.12.2025 and whenever ordered to do so till the
disposal of the appeals on the conditions indicated below:-
1. That he/she/they will appear before the trial
Court in the month of January of every year till the
appeal is decided.
2. That if the applicant(s) changes the place of
residence, he/she/they will give in writing
his/her/their changed address to the trial Court as
well as to the counsel in the High Court.
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3. Similarly, if the sureties change their address(s),
they will give in writing their changed address to
the trial Court.
6. The learned trial Court shall keep the record of attendance of
the accused-applicant(s) in a separate file. Such file be registered
as Criminal Misc. Case related to original case in which the
accused-applicant(s) was/were tried and convicted. A copy of this
order shall also be placed in that file for ready reference. Criminal
Misc. file shall not be taken into account for statistical purpose
relating to pendency and disposal of cases in the trial Court. In
case the said accused applicant(s) does/do not appear before the
trial Court, the learned trial Judge shall report the matter to the
High Court for cancellation of bail.
(SANDEEP SHAH),J
57-58-charul/-
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