Rajasthan High Court - Jodhpur
Papuram vs State Of Rajasthan ... on 13 November, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:48877-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 2138/2025
1. Papuram S/o Kasa Bumbadiya, Aged About 31 Years,
Resident Of Kodarmal Khuna, Police Station Mandwa,
Distt. Udaipur. (At Present Lodged In Central Jail Udaipur)
2. Kanhaiya Lal Alias Kuni S/o Bhera Bumbadiya, Aged
About 21 Years, Resident Of Kodarmal Khuna, Police
Station Mandwa, Distt. Udaipur. (At Present Lodged In
Central Jail Udaipur)
3. Lukesh Alias Lukiya S/o Gujara Bumbadiya, Aged About
28 Years, Resident Of Kodarmal Khuna, Police Station
Mandwa, Distt. Udaipur. (At Present Lodged In Central Jail
Udaipur)
----Petitioners
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Anuj Sehlot
For Respondent(s) : Mr. Sharwan Singh Rathore, 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 08.04.2025 passed by
the learned Additional Sessions Judge No. 2, District Udaipur in
Sessions Case No.274/2023 :
Offence Sentence Fine Sentence in
default of fine
Section 302/149 Rigorous Life Rs.25,000/ 6 months' S.I.
IPC imprisonment -
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Section 148 IPC 2 Years' R.I. Rs.2,000/- 1 month S.I.
Section 365/149 5 years R.I. Rs.5,000/- 3 months S.I.
IPC
Section 201 IPC 7 years R.I. Rs.5,000/- 6 months S.I.
Section 120-B IPC 6 months R.I. Rs.2,000/- 1 months' S.I.
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. The sole plea raised by learned counsel for the appellant-
applicant is that the appellants are in judicial custody since
10.02.2023 and recovery of Lathi has been made from the
possession of the appellant No.2 Kanhaiya Lal and no blood
sample was found on that Lathi and another Lathi was recovered
from the possession of Bhera Ram. 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
appellants-applicants have 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 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
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of the present appeal in near future.
7. In the present case as observed herein-before, the
appellants-applicants are in judicial custody since 10.02.2023 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.
9. Consequently, without making any observations on merits of
the case, we are inclined to suspend the substantive sentence of
the appellants-applicants No.- 1. Papuram S/o Kasa Bumbadiya, 2.
Kanhaiya Lal Alias Kuni S/o Bhera Bumbadiya, and 3. Lukesh Alias
Lukiya S/o Gujara Bumbadiya, during the pendency of the appeal.
10. 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 No. 2, District Udaipur in Sessions Case
No.274/2023 against the appellants-applicants No.1. Papuram S/o
Kasa Bumbadiya, 2. Kanhaiya Lal Alias Kuni S/o Bhera Bumbadiya,
and 3. Lukesh Alias Lukiya S/o Gujara Bumbadiya, shall remain
suspended till final disposal of the aforesaid appeal, 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 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 changes the place of
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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
124-amit/-
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