Rajasthan High Court - Jodhpur
Rakhudeen vs State Of Rajasthan (2025:Rj-Jd:44682) on 10 October, 2025
[2025:RJ-JD:44682]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1748/2025
1. Rakhudeen S/o Yasin Khan, Aged About 62 Years,
Resident Of Kalusar, Police Station Sardarshahar District
Churu (At Present Lodged In Distt. Jail, Churu)
2. Rakesh Kumar S/o Shishram, Aged About 32 Years,
Resident Of Mehari Rajviyan, Police Station Bhaleri
District Churu (At Present Lodged In Distt. Jail, Churu)
----Petitioners
Versus
State Of Rajasthan, PP
----Respondent
For Petitioner(s) : Mr. Vikas Bijarnia
Mr. Punit Choudhary
Mr. Sunil Fageria
Mr. Ashish Jakhar
For Respondent(s) : Mr. Narendra Gehlot, PP
Mr. Omprakash Choudhary
HON'BLE MR.JUSTICE SANDEEP SHAH
Order
10/10/2025
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-applicants submits that
the independent eye-witnesses have not supported the
prosecution case and have turned hostile. He submits that even
the complainant as well as the Investigating Officer have not been
examined, nor has any recovery of petroleum products or weapon
been effected from the appellants-applicants. He also submits that
despite this, the learned Trial Court has wrongly convicted the
appellants-applicants. He further submits that the appellants-
applicants were on bail during the course of trial, and that the
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punishment imposed upon them is five years Rigorous
Imprisonment under Section 436 IPC, without there being any
documentary evidence to prove the charge or to connect them
with the alleged offence, and there are bleak chances of hearing of
the appeal in near future. He, therefore, implores this Court to
allow the suspension of sentence application of the appellants-
applicants.
3. Per contra, learned Public Prosecutor opposes the application
for suspension of sentence and submits that the complainant
could not be examined as he expired during the course of trial.
He, however, admits that the Investigating Officer has not been
examined and the independent eye-witnesses have turned hostile.
4. Having considered the argument advanced by both the sides
and having regard to the facts and circumstances of the case,
including the facts that the Investigating Officer has not been
examined, the complainant could not be examined (though he has
expired) during the course of trial, the majority of the eye-
witnesses have turned hostile, the appellants-applicants have
been sentenced to five years' Rigorous Imprisonment and were on
bail during the course of trial, and 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
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 Special Judge, SC/ST (Prevention
of Atrocity), Disctrict Churu, vide judgment dated 28.08.2025 in
Sessions Case No.247/2017 against the appellants-applicants;
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namely, Rakhudeen S/o Yasin Khan & Rakesh Kumar S/o
Shishram, 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.2,00,000/- with
two sureties of Rs.1,00,000/- 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.
7. 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
50-devrajP/-
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