Rajasthan High Court - Jodhpur
Bhomaram vs State Of Rajasthan (2025:Rj-Jd:49806) on 18 November, 2025
[2025:RJ-JD:49806]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 2084/2025
Bhomaram S/o Nanuram, Aged About 51 Years, Resident Of
Minda, Police Station Maroth, District Nagaur (Rajasthan)
(Presently Confined In Central Jail Ajmer)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Arun Kumar
Mr. M.S. Saini
For Respondent(s) : Mr. Narendra Chandawat, PP
HON'BLE MR. JUSTICE SANDEEP SHAH
Order
18/11/2025
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 as
per the statement of the injured witness, Sitaram (PW-2), the
allegation against the applicant pertains to causing injury upon the
head of the injured. It is further submitted that, according to the
report prepared by the medical jurist, the said injury has been
opined to be simple in nature. Learned counsel further submits
that the sentences of similarly situated co-accused persons
namely Laxminarayan, Heeralal, and Prithviraj have already been
suspended by this Court vide order dated 17.10.2025 passed in
S.B. Criminal Misc. Suspension of Sentence Application (Appeal)
(Uploaded on 18/11/2025 at 05:27:36 PM)
[2025:RJ-JD:49806] (2 of 3) [SOSA-2084/2025]
Nos. 1976/2025, 1977/2025, and 1978/2025 respectively. He also
submits that the appellant-applicant was on bail during the course
of trial and that there is no likelihood of the appeal being heard in
the near future. In these circumstances, learned counsel prays
that the appellant-applicant may be released on bail by allowing
the present suspension of sentence application.
3. Per Contra, Learned Public Prosecutor opposes the
application for suspension of sentence and submits that the
learned Trial Court has rightly convicted the appellant-applicant for
the offences in question, and therefore, the application in question
deserves to be dismissed.
4. I have heard the arguments advanced on behalf of both the
sides and having regard to the facts and circumstances of the
case, including the facts that the appellant-applicant was on bail
during the course of trial, the said injury has been opined to be
simple in nature, the sentences of similarly situated co-accused
persons have already been suspended by this Court, as also,
chances of hearing of the 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-applicant.
5. Accordingly, the application for suspension of sentence filed
under Section Section 430 BNSS is allowed and it is ordered that
the sentence passed by the learned Additional Sessions Judge,
Kuchaman City, District Didwana Kuchaman vide judgment dated
17.09.2025 in Sessions Case No.83/2021 (20/2017), against the
appellant-applicant Bhomaram S/o Nanuram, 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
(Uploaded on 18/11/2025 at 05:27:36 PM)
[2025:RJ-JD:49806] (3 of 3) [SOSA-2084/2025]
of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the
satisfaction of the learned trial Judge for his appearance in this
court on 17.12.2025 and whenever 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 appellant-applicant in a separate file. Such file be registered
as Criminal Misc. Case related to original case in which the
appellant-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 be taken into account for statistical purpose relating
to pendency and disposal of cases in the trial court. In case the
said appellant-applicant does 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
54-mohit/-
(Uploaded on 18/11/2025 at 05:27:36 PM)
Powered by TCPDF (www.tcpdf.org)
