Citation : 2025 Latest Caselaw 15228 Raj
Judgement Date : 11 November, 2025
[2025:RJ-JD:48346-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 2080/2025
Ranchhoda Ram S/o Shri Deva Ram, Aged About 76 Years, R/o
Village Naya Rama, Ps Nosara, As It Then Was. Now Ps And Teh.
Bhadrajun, Dist. Jalore. (Lodged In Central Jail Jodhpur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Deepak Menaria
For Respondent(s) : Mr. Deepak Choudhary, AAG assisted
by Mr. K.S. Kumpawat
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
HON'BLE MRS. JUSTICE SANGEETA SHARMA
Order
11/11/2025
1. The appellant-applicant herein has been convicted and
sentenced as below vide judgment dated 18.07.2024 passed by
the learned Sessions Judge, Jalore in Sessions Case No.09/2016 :
Offence Sentence Fine & Sentence in default of fine Section 447 IPC 3 months' S.I. -
Section 323/34 3 months' S.I. -
IPC
Section 302 IPC Life Rs. 25,000/- and in default of
Imprisonment payment of fine 6 months' S.I.
2. The appellant-applicant has 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
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release on bail.
3. The only plea raised by learned counsel for the appellant-
applicant was on bail during trial and the sentence of similar
situated co-accused Mula Ram, Mathri Devi & Amri Devi has
already been suspended by a co-ordinate Bench of this Court and
there is no chance of hearing of the appeal in near future, thus,
the sentence of the applicant be suspended and he be enlarged on
bail.
4. Learned AAG opposed the application for suspension of
sentence with the submission that as the appellant- applicant has
committed heinous offence, suspension of sentence of such
offender would send adverse message in the society.
5. We have considered the submissions made by learned
counsel for the parties and have perused the material available on
record.
6. 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.
7. In the present case as observed herein-before, the appellant-
applicant was on bail during the trial 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 sentence.
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8. Consequently, without making any observations on merits of
the case, we are inclined to suspend the substantive sentence of
the appellant-applicant, namely, Ranchhoda Ram S/o Shri Deva
Ram, during the pendency of the appeal.
9. 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
Sessions Judge, Jalore vide order dated 18.07.2024 in Sessions
Case No.09/2016 against the appellant-applicant, namely,
Ranchhoda Ram S/o Shri Deva Ram shall remain suspended till
final disposal of the aforesaid appeal, provided he 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 his
appearance in this court on 11.12.2025 and whenever ordered to
do so till the disposal of the appeal on the conditions indicated
below:
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.
3. Similarly, if the sureties change their address(s) they will give in writing their changed address to the trial court.
10. The learned trial court shall keep the record of attendance of
the accused-applicant 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
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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-applicant 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 52-Rashi/-
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