Rajasthan High Court - Jodhpur
Chopdas Alias Chupdas vs State Of Rajasthan (2025:Rj-Jd:44811) on 13 October, 2025
[2025:RJ-JD:44811]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1747/2025
Chopdas @ Chupdas S/o Mahendra Singh, Aged About 64 Years,
Resident Of Ward No. 6, Premnagar, Anupgarh District Sri
Ganganagar. (Lodged In Sub Jail Anupgarh)
Deepak Kumar @ Deepuji S/o Devkaran, Aged About 34 Years,
Resident Of RCP Colony, Near Tehsil, Sri Vijaynagar, District Sri
Ganganagar. (At present in Sub Jail, Anupgarh)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Ms. Rajni Kaushik
For Respondent(s) : Mr. Narendra Gehlot, PP
Mr. OP Choudhary
HON'BLE MR. JUSTICE SANDEEP SHAH
Order
13/10/2025
1. Heard learned counsel for the applicants as well as learned
Public Prosecutor and perused the material available on record.
2. Learned counsel for the applicants submits that all the
injuries were found to be simple in nature, which is clear from the
perusal of the statement of doctor Sanjay Kumar(PW-15). She
further submits that though recovery of weapons have been
shown to be made from both the applicants, however, all the
witnesses of the recovery i.e. PW-6, PW-5 and PW-10 have turned
hostile. She further submits that even the alleged weapons which
were recovered, have not been sent for FSL as no FSL report has
been exhibited by the prosecution and, therefore, the causing of
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injury by the weapon in question is not at all proved. She further
submits that there is apparent inconsistency in the statements of
both the injured witnesses i.e. Narayan Singh and Manphool
Singh. She also asserts that the applicants were on bail during the
course of trial. She thus prays for allowing of application for
suspension of sentence of the applicants.
3. Per contra, the learned Public Prosecutor opposes the
application for suspension of sentence and submits that the
injured witnesses have specifically named the present applicants
and, therefore, submits that the suspension of sentence
application of the applicants deserves to be dismissed. Learned
Public Prosecutor is however not in a position to dispute the facts
that all the injuries were found to be simple in nature as also the
fact that all the witnesses have turned hostile and no FSL report
has been placed on record to connect the applicants with the use
of the weapon in question
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 accused-applicants were on
bail during the course of trial, as all the injuries have been shown
to be simple in nature and is fortified by the medical jurist (PW-
15), all the witnesses of recovery have turned hostile and there
being arguable question with regard to the involvement of the
accused-applicants in incident in question, as also whether
arguable issue with regard to the offence under Section 307 IPC is
made out or not in the case, and the chances of hearing of the
appeal in near future being bleak, this Court is of the opinion that
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it is a fit case for suspending the sentence 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 Sessions Judge No.1,
Anupgarh, District Sri Ganganagar vide judgment dated
28.08.2025 in Sessions Case No.22/2012 against the appellants-
applicants; namely, Chopdas @ Chupdas S/o Mahendra Singh
& Deepak Kumar @ Deepuji S/o Devkaran, shall remain
suspended till final disposal of the aforesaid appeal and each of
them 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 13.11.2025 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
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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
81-charul/-
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