Rajasthan High Court - Jodhpur
Prakash vs State Of Rajasthan (2025:Rj-Jd:46089) on 17 October, 2025
Author: Farjand Ali
Bench: Farjand Ali
[2025:RJ-JD:46089]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1975/2025
in
S.B. Criminal Appeal No.1947/2022
1. Prakash S/o Kala Vihat Meena, Aged About 29 Years, R/o
Bokhla Phala Vavdiya Ps Bichiwada Dist. Dungarpur (At
Present Lodged In Dist. Jail Dungapur)
2. Rahul S/o Kala Vihat Meena, Aged About 28 Years, R/o
Bokhla Phala Vavdiya Ps Bichiwada Dist. Dungarpur (At
Present Lodged In Dist. Jail Dungapur)
----Petitioners
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Pradhyuman Singh
For Respondent(s) : Mr. NS Chandawat, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
17/10/2025
1. The instant application for suspension of sentence has been
moved on behalf of the applicant in the matter of judgment dated
19.11.2022 passed by the learned Addl. Session Judge,
Dungarpur, District Dungarpur in Criminal Case No.4/2020
whereby he was convicted and sentenced to suffer maximum
imprisonment of 10 years under Sections 307, 307/34 along with
a fine of Rs.25,000/- and lesser punishment for the other offences
under Sections 324/34, 341 of IPC.
2. It is contended by the learned counsel for the appellant that
the learned trial Judge has not appreciated the correct, legal and
factual aspects of the matter and thus, reached at an erroneous
conclusion of guilt, therefore, the same is required to be
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appreciated again by this court being the first appellate Court.
Hearing of the appeal is likely to take long time, therefore, the
application for suspension of sentence may be granted.
3. Per contra, learned public prosecutor has vehemently
opposed the prayer made by learned counsel for the accused-
applicant for releasing the appellant on application for suspension
of sentence.
4. Heard learned counsel for the parties and perused the
material available on record.
5. The first bail application for suspension of sentence came to be
disposed of by this Court on 22.10.2024 while giving a liberty to
the appellant to renew the prayer if appeal is not heard with in a
reasonable period. Now around 3 years have elapsed while
detaining the appellant but their seems no likelihood of deciding
the appeal in near future due to voluminous pendency before this
court. The circumstances above, the statement with regard to
wrong implication of provision of 307 IPC so also the submission
with regard to quantum of punishment persuade this Court to look
in the matter because the appellant are 28 to 29 years old young
boys. The record of the case revealing that the victim Sikandar PW
4 received two incisive wound, one over his scalp and other on
right year in which injury number one was opined to be dangerous
to life. The victim Prakash received four injuries in which injury
number one was opined to be grievous in nature and dangerous to
life and that was found on his forehead. The story in nutshell
revealing that the fight between between the victim and the
appellant and happened in a spur of moment since there is no
material to draw any interference about pre-meditation or per-
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compassion or pre-concert. The allegation speaking that both the
parties were going somewhere and they mate suddenly. As many
as 7 persons were booked in the matter since allegations were
made by the complainant party for causing injury to them after
meticulous examination and discussion and the material brought
on record during trial, a major part of the evidence brought the
prosecution was not relied upon by learned trial court and as such
only accused Prakash, Rahul and Chhaganlal were convicted and
rest were exonerated from the charges. The accused Chhaganlal
has been given benefit of bail by extending application for
suspension of sentence. The submission raised on behalf of
learned counsel for the appellant that neither circumstance of the
case nor the injuries bring the case within the ambit of Section
307 of Cr.P.C. has a substance. Similarly, the submission that
learned trial court abdicated from hearing the appellants on the
quantum of sentence by not taking on record the extenuating and
aggravating circumstances on record by considering that and as
such the order on the point of sentence is also seriously
questionable. There is a force in the submission and if the above
are decided in favour of the appellant, they may get success. H
earing of the appeal would likely to take a long time, this court is
of the opinion that it is a fit case for suspending the sentence
awarded to the accused-appellant.
6. Accordingly, the application for suspension of sentence filed
under Section 389 Cr.P.C. is allowed and it is ordered that the
sentence passed by learned trial court, the details of which are
provided in the first para of this order, against the appellant-
applicants named above shall remain suspended till final disposal
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of the aforesaid appeal and they 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 their appearance in this court on 17.11.2025 and
whenever ordered to do so till the disposal of the appeal on the
conditions indicated below:-
1. That he will appear before the trial Court in the month
of January of every year till the appeal is decided.
2. That if the applicant changes 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.
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 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.
(FARJAND ALI),J
147-chhavi/-
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