Rajasthan High Court - Jodhpur
Prakash @ Ram Prakash vs State Of Rajasthan ... on 11 November, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:48308-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1274/2025
In
D.B. Criminal Appeal No.23/2025
1. Prakash @ Ram Prakash S/o Bhagu Ram, Aged About 46
Years, R/o Bitan, Tehsil Merta, Dist. Nagaur, Raj. (Lodged
In Sub Jail, Merta)
2. Raju @ Rajendra S/o Baksha Ram, Aged About 36 Years,
R/o Bitan, Tehsil Merta, Dist. Nagaur, Raj. (Lodged In Sub
Jail, Merta)
3. Manak Ram S/o Chandra Ram, Aged About 46 Years, R/o
Mungdara, Tehsil Merta, Dist. Nagaur (Lodged In Sub Jail,
Merta)
4. Dala Ram S/o Ratna Ram, Aged About 43 Years, R/o
Kurdaya, Tehsil Merta, Dist. Nagaur, Raj. (Lodged In Sub
Jail, Merta)
5. Kalu Ram S/o Dunga Ram, Aged About 47 Years, R/o
Kurdaya, Tehsil Merta, Dist. Nagaur, Raj. (Lodged In Sub
Jail, Merta)
----Petitioners
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. R.R. Chhaparwal
Mr. Rajat Chhaparwal
For Respondent(s) : Mr. C.S. Ojha, PP
Mr. Dhirendra Singh, Sr. Adv. Assisted
by Ms. Priyanka Borana
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
HON'BLE MRS. JUSTICE SANGEETA SHARMA
Order
11/11/2025
1. The appellants-applicants herein have been convicted and
sentenced as below vide judgment dated 25.06.2025 passed by
the learned Additional Sessions Judge, Merta, District Nagaur in
Sessions Case No.361/2014 (121/14)(33/15) :
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Offence Sentence Fine Sentence in
default of fine
Section 147 IPC 1 years R.I. Rs.1,000/- 1 month's R.I.
Section 148 IPC 2 Years' R.I. Rs.2,000/- 2 month's R.I.
Section 341 IPC 1 month S.I. Rs. 500/- 15 days' S.I.
Section 323 IPC 6 months R.I. Rs. 500/- 1 month's R.I.
Section 324 IPC 1 year's R.I. Rs.1,000/- 1 months' R.I.
Section 302 & Life Rs.5,000/- 6 months' R.I.
302/149 IPC imprisonment
2. The appellants-applicants have preferred the application for
suspension of sentence under Section 430 B.N.S.S./389 Cr.P.C. for
suspension of sentence during the pendency of the appeal and for
release on bail.
3. Learned counsel for the applicants-appellants submits that
he wants to withdraw the suspension of sentence application on
behalf of applicant-appellant No.1-Prakash @ Ram Prakash.
4. Hence, the application for suspension of sentence is
dismissed as withdrawn qua applicant-appellant No.1-Prakash @
Ram Prakash.
5. So far as applicants-appellants No.2 to 5 are concerned,
learned counsel submits that they inflicted injuries on the non-
vital part of the body and were found to be simple in nature. He
further submits that there is no chance of hearing of the appeal in
near future, thus, the sentence of the applicants be suspended
and they be enlarged on bail.
6. Learned Public Prosecutor opposed the application for
suspension of sentence with the submission that as the
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appellants-applicants have committed heinous offence, suspension
of sentence of such offenders would send adverse message in the
society.
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
2008 also are pending for hearing, there is no likelihood of hearing
of the present appeal in near future.
9. In the present case as observed herein-before, the
appellants-applicants are in judicial custody and apparently, there
are no chances of hearing of the present appeal in near future.
Except for the fact that the appellants-applicants were involved in
offence leading to their conviction for life, nothing has been
brought on record by way of extenuating circumstances for denial
of suspension of sentence.
10. Consequently, without making any observations on merits of
the case, we are inclined to suspend the substantive sentence of
the appellants-applicants, No.-2. Raju @ Rajendra S/o Baksha
Ram, 3. Manak Ram S/o Chandra Ram, 4. Dala Ram S/o Ratna
Ram and No. 5. Kalu Ram S/o Dunga Ram, during the pendency of
the appeal.
11. Accordingly, the instant application for suspension of
sentence filed under Section 430 B.N.S.S./389 Cr.P.C. is allowed
and it is ordered that substantive sentence passed by the learned
Additional Sessions Judge, Merta, District Nagaur vide judgment
dated 25.06.2025 in Sessions Case No.361/2014 (121/14)(33/15)
against the appellants-applicants No.(2) Raju @ Rajendra S/o
Baksha Ram, (3) Manak Ram S/o Chandra Ram, (4) Dala
Ram S/o Ratna Ram and No. (5) Kalu Ram S/o Dunga Ram,
shall remain suspended till final disposal of the aforesaid appeal,
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provided each of them executes a personal bond in the sum of
Rs.50,000/- with two sureties of Rs.25,000/- each to the
satisfaction of learned trial Judge for their appearance in this court
on 12.12.2025 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 changes the place of
residence, they will give in writing his 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.
12. The learned trial court shall keep the record of attendance of
the accused-applicants in a separate file. Such file be registered as
Criminal Misc. Case relating to original case in which the accused-
applicant was tried and convicted. A copy of this order shall also
be placed in that file for ready reference. Criminal Misc. file shall
not been taken into account for statistical purpose relating to
pendency and disposal of the cases in the trial court. In case, the
said accused-applicants do not appear before the trial court,
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(SANGEETA SHARMA),J (MANOJ KUMAR GARG),J
41-amit/-
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