Rajasthan High Court - Jodhpur
Deepchand @ Deepak vs State Of Rajasthan ... on 13 November, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:48788-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1509/2025
1. Deepchand @ Deepak S/o Budha Ram, Aged About 36
Years, R/o Satara, Tehsil And District Churu (Raj.).
(Lodged At Central Jail, Bikaner)
2. Budha Ram S/o Bajrang Lal, Aged About 58 Years, R/o
Satara, Tehsil And District Churu (Raj.) (Lodged At
Central Jail, Bikaner)
----Petitioners
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. J.S. Choudhary, Sr. Adv. assisted
by Mr. Pradeep Choudhary
For Respondent(s) : Mr. C.S. Ojha, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
HON'BLE MRS. JUSTICE SANGEETA SHARMA
Order
13/11/2025
1. The appellants-applicants herein have been convicted and
sentenced as below vide judgment dated 13.06.2025 passed by
the learned Sessions Judge, District Churu in Sessions Case
No.183/2021 :
Offence Sentence Fine Sentence in
default of fine
Section 302 IPC Life Rs.50,000/- 1 year R.I.
Imprisonment
Section 120B IPC Life Rs.25,000/- 6 months R.I.
imprisonment
2. The appellants-applicants have preferred the application for
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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. The sole plea raised by learned counsel for the appellants-
applicants is that the appellants are in judicial custody since
11.07.2021 and according to the prosecution case, the accused
inflicted injury by a sharp edged weapon i.e. Kulhadi and
according to the statement of PW-1 (Doctor), no injury has been
caused by sharp edged weapon. There is no connecting evidence
against these accused-applicants. Given that the hearing of the
appeal is likely to be protracted, thus, the sentence of the
applicant be suspended and he be enlarged on bail.
4. Learned Public Prosecutor opposed the application for
suspension of sentence with the submission that as the appellant-
applicant has committed heinous offence, suspension of sentence
of such offenders would send adverse message in the society.
5. We have considered the submissions made by learned
counsel for the parties and 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 is in judicial custody since 11.07.221 and apparently,
there are no chances of hearing of the present appeal in near
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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.
8. Consequently, without making any observations on merits of
the case, we are inclined to suspend the substantive sentence of
the appellant-applicant - Deepchand @ Deepak S/o Budha Ram
and 2. Budha Ram S/o Bajrang Lal, 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 learned
Sessions Judge, District Churu in Sessions Case No.183/2021
against the appellants-applicants No.1 - Deepchand @ Deepak
S/o Budha Ram and 2. Budha Ram S/o Bajrang Lal, shall
remain suspended till final disposal of the aforesaid appeal,
provided they 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 15.12.2025 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 change the place of
residence, he will give in writing 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)
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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
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
31-amit/-
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