Rajasthan High Court - Jodhpur
Bhupendra Alias Roopa Ram vs State Of Rajasthan on 7 November, 2025
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal (Sb) No. 2560/2025
Bhupendra Alias Roopa Ram S/o Shri Nava Ram, Aged About 25
Years, R/o Fatapur Police Station Sumerpur District Pali
----Appellant
Versus
1. State Of Rajasthan, Through Pp
2. Prakash Kumar S/o Shri Hansa Ram, R/o Paldi PS
Sumerpur District Pali
----Respondents
For Appellant(s) : Mr. Saurabh Soni
Mr. Ghanshyam Dewasi
For Respondent(s) : Mr. Shri Ram Choudhary, PP
HON'BLE MR. JUSTICE SANDEEP SHAH
Order
07/11/2025
IN S.B. Criminal Appeal (SB) No. 2560/2025:-
1. Admit.
2. Call for record.
IN S.B. Criminal Misc. Bail Application for Suspension of
Sentence No.2087/2025:-
1. Heard learned counsel for the appellant-applicant as well as
learned Public Prosecutor and perused the material available on
record.
2. Learned counsel for the appellant-applicant submits that the
offences under Schedule Castes and Schedule Tribes (Prevention
of Atrocities) Act, 1989 are not proved as the incident occurred at
a place which was not within public view. He further submits that
the injury could not be proved, the punishment imposed is 1 year
(Uploaded on 07/11/2025 at 05:08:10 PM)
(2 of 3) [CRLAS-2560/2025]
simple imprisonment and the hearing of the appeal will take
sufficient time. He, therefore, implores this Court to allow the
present application for suspension of sentence.
3. Per contra, the learned Public Prosecutor opposes the
application 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, and therefore, the accused-appellant is not entitled for
any indulgence whatsoever.
4. Upon consideration of the arguments advanced on behalf of
the parties and having regard to the facts and circumstances of
the case, including the facts that there are arguable points raised
by learned counsel for the appellant-applicant, conviction imposed
is 1 year simple imprisonment and the chances of hearing of
appeal in near future being bleak, this Court is of the opinion that
it is a fit case for suspending the sentence awarded to the
accused-appellant.
5. Accordingly, the application for suspension of sentence filed
under Section 389 of Cr.P.C./ Section 430 of BNSS, 2023 is
allowed and it is ordered that the sentence passed by the learned
Special Judge, SC/ST (Prevention of Atrocities) Cases, Pali, vide
judgment dated 08.10.2025 in Sessions Case No. 31/2022 against
the applicant Bhupendra Alias Roopa Ram S/o Shri Nava
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.2,00,000/- with two sureties of
Rs.1,00,000/-, each to the satisfaction of the learned trial Judge
for his appearance in this court on 10.12.2025 and whenever
(Uploaded on 07/11/2025 at 05:08:10 PM)
(3 of 3) [CRLAS-2560/2025]
ordered to do so till the disposal of the appeal 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.
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
55-charul/-
(Uploaded on 07/11/2025 at 05:08:10 PM)
Powered by TCPDF (www.tcpdf.org)
