Rajasthan High Court - Jodhpur
Lalaram vs State Of Rajasthan on 9 October, 2025
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal (SB) No. 2352/2025
1. Lalaram S/o Pokarram, Aged About 47 Years, R/o Village
Nakodesar, police Station Kalu, District Bikaner.
2. Pemaram S/o Kumbharam, Aged About 30 Years, R/o
Village Nakodesar, police Station Kalu, District Bikaner.
3. Megharam S/o Kumbharam, Aged About 27 Years, R/o
Village Nakodesar, police Station Kalu, District Bikaner.
----Appellants
Versus
State Of Rajasthan, Through PP
----Respondent
For Appellant(s) : Mr. Rakesh Kumar Chotia
For Respondent(s) : Mr. Narendra Singh Chandawat, PP
HON'BLE MR. JUSTICE SANDEEP SHAH
Order
09/10/2025
IN S.B. Criminal Appeal (SB) No.2352/2025:-
1. Admit.
2. Call for the record.
IN S.B. Criminal Misc. Suspension of Sentence Application
No.1870/2025:-
1. Heard learned counsel for the appellants-applicants as well
as learned Public Prosecutor and perused the material available on
record.
2. Learned counsel for the appellants submits that as far as
appellant No.1 is concerned, he has been convicted for the
offences punishable under Sections 323/34, 324/34, 326/34 IPC
with punishment of three years' simple imprisonment, whereas
appellant Nos.2 & 3 are concerned, they have been convicted for
offence punishable under Section 323/34 IPC with punishment of
six months' simple imprisonment only. He also submits that the
appellants-applicants were on bail during the course of trial. He
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further submits that even if the case of the prosecution is
admitted to be true, then too, no offence under Section 324 IPC is
made out to impose punishment under Section 326 IPC, and there
is no chance of hearing of the appeal in near future. He, therefore,
implores this Court to allow the suspension of sentence
application.
3. Learned Public Prosecutor opposes the application for
suspension of sentence and submits that the learned Trial Court
has considered the relevant provisions threadbare and rightly
convicted the appellants-applicants, therefore, the they are not
entitled for grant of any indulgence from this Court.
4. Upon consideration of 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 punishment imposed upon
the appellant-applicant No.1 & appellant Nos.2 & 3 is only three
years' simple imprisonment, and six months' simple imprisonment
respectively, the appellants-applicants were on bail during the
course of trial, the various arguable points raised by learned
counsel for the appellants-applicants, and the chances of hearing
of appeal in near future being bleak, this Court is of the opinion
that it is a fit case for suspending the sentences awarded to the
accused appellants-applicants.
5. Accordingly, the application for suspension of sentence filed
under Section 430 of BNSS is allowed and it is ordered that the
sentence passed by the learned Additional Session Judge, No.5,
Bikaner, vide judgment dated 19.09.2025 in Session Case
No.04/2020, (CIS No.447/2019) against the appellants-
applicants; namely, (1) Lalaram S/o Pokarram (2) Pemaram
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S/o Kumbharam & (3) Megharam S/o Kumbharam, shall
remain suspended till final disposal of the aforesaid appeal and
they shall be released on bail, provided each of them execute a
personal bond in the sum of Rs.1,00,000/- with two sureties of
Rs.50,000/- each to the satisfaction of the learned trial Judge for
their appearance in this court on 11.11.2025 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 appellants-applicants in a separate file. Such file be registered
as Criminal Misc. Case related to original case in which the
appellants-applicants were 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 appellants-applicants do 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
8-devrajP/-
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