Rajasthan High Court - Jodhpur
Roshan vs State Of Rajasthan ... on 7 October, 2025
Author: Dinesh Mehta
Bench: Dinesh Mehta
[2025:RJ-JD:44003-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1591/2025
In
D.B. Criminal Appeal No.208/2024
Roshan S/o Ramchandra, Aged About 31 Years, R/o Chamti
Khera, P.s. Kotwali, Chittorgarh, Dist. Chittorgarh,raj. (At Present
Lodged In Dist. Jail, Chittorgarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Zeeshan Ali
For Respondent(s) : Mr. Rajesh Bhati, PP
HON'BLE MR. JUSTICE DINESH MEHTA
HON'BLE MRS. JUSTICE SANGEETA SHARMA
Order
07/10/2025
1. The present application has been filed by the applicant under
section 389 of the Code of Criminal Procedure, 1973 (hereinafter
referred to as 'Cr.P.C.') [430(2) of the Bhartiya Nagrik Suraksha
Sanhita, 2023] seeking suspension of the following sentence
awarded to him by the learned Special Judge, SC/ST (Prevention
of Atrocities) Cases, Chittorgarh (hereinafter referred to as 'trial
Court') vide judgment dated 14.06.2024 passed in Sessions Case
No.87/2012 (01/2019) (CIS No.134/2014):-
S.No Offence Sentence Fine
1. 147 IPC One Year Rigorous To pay a fine of Rs.2,000/-; in
Imprisonment default thereof to further
undergo one month additional
sentence
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2. 323/149 Six Months To pay a fine of Rs.1,000/-; in
of IPC Rigorous default thereof to further
Imprisonment undergo fifteen Days'
additional sentence
3. 302/149 Life Imprisonment To pay a fine of Rs.20,000/-; in
of IPC default thereof to further
undergo six months' additional
sentence
2. Mr. Zeeshan Ali, learned counsel for the applicant argued
that the applicant and all other co-accused persons have been
falsely implicated and a case of apparent accident has been
projected as a murder, without there being any evidence.
3. He contended that if the testimony of PW-1 (Raju Singh),
PW-3 (Om Prakash) and PW-4 (Govind Singh) is read in
conjunction, it is clear that each of the witnesses had their own
version of story to tell and the same does not lead to logical
conclusion as projected by the prosecution.
4. Learned counsel for the applicant submitted that how the
Investigating Officer caught hold of the applicant, is beyond
anybody's comprehension, inasmuch as none of the so called eye-
witnesses could identify the applicant.
5. He submitted that PW-4 (Govind Singh) who happens to be
star witness of the prosecution has clearly stated that he did not
know the accused persons. He further underscored that PW-1
(Raju Singh) has gone to the extent of stating that he had named
the accused persons as told by Govind Singh. So far as PW-3 is
concerned, though he had claimed knowing some of the accused
persons, but so far as the present applicant is concerned, his
name does not find mention by him.
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6. Inviting Court's attention towards the injury report and the
statement of Doctor Avinash (PW-21) and his cross-examination,
learned counsel argued that the possibility that Kamlesh died of
accident by falling on his left side cannot be ruled out, more
particularly, when all the persons riding on the motorcycle
including PW-1 (Raju Singh), PW3 (Om Prakash) and PW-4
(Govind Singh) sustained injuries.
7. Learned counsel submitted that had 8-10 people inflicted
injuries upon the deceased, the possibility that he would suffer all
the injuries on a particular side of the body (left side) is
improbable.
8. Learned Public Prosecutor vehemently opposed the
application for suspension of sentence by submitting that there is
enough evidence against the applicant. He argued that the
applicant is not entitled to any indulgence.
9. Having heard learned counsel for the parties and considering
the Post Mortem Report and the statement of the Doctor, it is clear
that all the injuries suffered by the deceased were on the left side
of the body. That apart, neither any weapon has been recovered
nor any specific averment as to how and in what manner Kamlesh
was beaten has come on record.
10. We find a number of holes in the investigation and evidence
led. It is intriguing that the informant PW-10 (Rajendra Kumar)
while submitting written complaint had in unequivocal terms
stated that he received information at about 8.30 p.m. that
Kamlesh - the deceased had met with an accident.
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11. Admittedly, no identification parade was conducted and PW-1
and PW-4 in express terms have admitted that they did not know
the assailants much less their names. Statement of Govind Singh
(PW-4) whose in-laws used to live outside of the village, shows
that he never visited those parts of village, where the applicant -
alleged assailant used to live. The accused persons were shown to
the eye-witnesses near the river, as told by Govind Singh (PW-4)
in his cross-examination. The identification so made cannot be
treated to be an identification in the eye of law.
12. Furthermore, the injuries which the deceased had suffered
(only on the left side of the body) when the prosecution story is,
that 4 or more persons had assaulted coupled with the fact that
none of the eye-witnesses have stated the reason for the injury
and the manner in which the injuries were caused so also the fact
that no weapon has been recovered from any of the accused
persons, we are persuaded to allow the application for suspension
of sentence.
13. In view of the discussion foregoing, we feel that the
applicant who is behind the bars for 1 year, 11 months and 4 days
is entitled to be enlarged on bail and his application for suspension
of sentence merits acceptance.
14. Accordingly, the application for suspension of sentence filed
by the applicant is hereby allowed. It is ordered that the sentence
passed by the learned Special Judge, SC/ST (Prevention of
Atrocities) Cases, Chittorgarh vide judgment dated 14.06.2024 in
Sessions Case No.87/2012 (01/2019) (CIS No.134/2014) against
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the applicant - Roshan S/o Ramchandra 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
of Rs.50,000/- with two sureties of Rs.25,000/- each to the
satisfaction of the learned trial Judge for his appearance in this
Court on 07.11.2025 and whenever ordered to do so till the
disposal of the appeal on the conditions indicated below:-
(i) That he will appear before the trial Court in the month of
January of every year till the appeal is decided.
(ii) That if the applicant change 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.
(iii) Similarly, if the sureties change their address, they will
give in writing their changed address to the trial Court.
15. 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 related 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 be taken into account for statistical purpose relating to
pendency and disposal of cases in the trial court. In case the said
accused applicant does not appear before the trial court, the
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
16. Needless to state that the observations made hereinabove in
relation to guilt or otherwise of the applicant are prima-facie
opinion considering the material to the extent necessary for the
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purpose of consideration of instant application. None of the parties
shall rely upon the findings or observations made herein at the
time of arguing final hearing of the appeal.
(SANGEETA SHARMA),J (DINESH MEHTA),J
27-raksha/-
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