Rajasthan High Court - Jodhpur
Nirmal Sahu vs State Of Rajasthan ... on 1 September, 2025
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2025:RJ-JD:38854-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application
(Appeal) No. 432/2024
IN
D.B. Criminal Appeal No.07/2024
Nirmal Sahu S/o Shri Badri Lal Sahu, Aged About 29 Years, R/o
Kunthwas Police Station Khairoda, At Present Reti Stand Circle
Savina Police Station Hiranmagri, Udaipur.
(Presently Lodged At Central Jail, Udaipur)
----Petitioner
Versus
1. State Of Rajasthan, Through PP
2. Lialki Devi W/o. Laxman Lal Meena, R/o Barapal Fala
Naya Talab, P.s. Goverdhan Vilas. District Udaipur.
----Respondents
Connected With
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 126/2024
IN
D.B. Criminal Appeal No.39/2024
Sanjay Singh @ Sattu S/o Himmat Singh, Aged About 33 Years,
R/o House No 28 A Government Press Colony Kishanpol P.s
Surajpol Udaipur (Raj)
(Presently Lodged In Central Jail Udaipur)
----Petitioner
Versus
1. State Of Rajasthan, Through PP
2. Laxman Meena S/o Gyan Meena, R/o Barapal Fala Naya
Talab, P.s. Goverdhan Vilas. District Udaipur.
----Respondents
For Petitioner(s) : Mr. Dhirendra Singh, Sr. Advocate
assisted by Ms. Priyanka Borana
Mr. Digvijay Singh Chouhan for Ms.
Deepika Purohit
For Respondent(s) : Mr. Rajesh Bhati, PP
(Downloaded on 01/09/2025 at 09:51:53 PM)
[2025:RJ-JD:38854-DB] (2 of 6) [SOSA-432/2024]
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
HON'BLE MR. JUSTICE ANUROOP SINGHI
Order
01/09/2025
1. Despite service, nobody appears on behalf of the respondent
No.2.
2. The present applications have been filed by the applicants
under section 389 of the Code of Criminal Procedure, 1973
(hereinafter referred to as 'Cr.P.C.') seeking suspension of
sentence awarded to them by the learned Special Judge, SC/ST
(Prevention of Atrocities Cases), Udaipur hereinafter referred to as
'trial Court') vide judgment dated 29.11.2023 (amended order
dated 01.12.2023) passed in Special Sessions Case No.15/2016
(CIS No.30/2016) whereby following sentences have been
awarded against the accused-applicants.
S.No Offence Sentence Fine
1. 323/34 Six Months S.I. To pay a fine of Rs.1,000/-; in
of IPC default thereof to further
undergo 15 days' simple
imprisonment
2. 324/34 01 Year S.I. To pay a fine of Rs.1,000/-; in
of IPC default thereof to further
undergo one month's simple
imprisonment
3. 452 IPC 07 Years S.I. To pay a fine of Rs.5,000/-; in
default thereof to further
undergo two months' simple
imprisonment
4. 302/34 Life Imprisonment To pay a fine of Rs.10,000/-; in
IPC default thereof to further
undergo three months' simple
imprisonment
5. 3(2)(V) Life Imprisonment To pay a fine of Rs.10,000/-; in
of default thereof to further
SC/ST undergo three months' simple
Act imprisonment
[2025:RJ-JD:38854-DB] (3 of 6) [SOSA-432/2024]
3. Learned Senior Counsel for the applicant-appellants submits
that as per the statement of PW-3- Lialki (Lilki), it has
categorically come on record that fatal injuries were inflicted by
Lokesh. He further submits that the blood-stained knife has also
been recovered from Lokesh and as far as the present appellants
are concerned, no specific injuries have been attributed to them.
He further submits that even no recoveries have been effected
from the present appellants. Learned Senior Counsel also submits
that even as per the statements of eye witnesses PW-4-Thavri and
PW-7 Badri, the present appellants have not been attributed with
any injury to the deceased- Banshi. He further submits that the
present appellants Nirmal Sahu and Sanjay Singh @ Sattu were
on bail during trial. He, therefore, prays that the sentence of
present applicants-appellants may be suspended during the
pendency of the appeals.
4. Per contra, learned Public Prosecutor opposed the present
applications for suspension of sentence.
5. We have considered the submissions made at the Bar and
have gone through the relevant record of the case including the
statements of PW-3- Lialki (Lilki), PW-4-Thavri and PW7-Badri.
6. Although from the perusal of the statements of all the three
prosecution witnesses, it has been found that three persons have
assaulted the deceased- Banshi, however, as per the statement of
PW-3 Lialki (Lilki), the fatal injuries have been assigned to Lokesh.
It is further noted that the recovery of blood-stained knife has
[2025:RJ-JD:38854-DB] (4 of 6) [SOSA-432/2024]
been made from Lokesh. The co-accused Nirmal Sahu and Sanjay
Singh @ Sattu were on bail during trial.
7. Considering all circumstances, we are inclined to allow the
applications of Nirmal Sahu and Sanjay Singh @ Sattu preferred
for suspension of sentence. Therefore, this Court deems it
appropriate to suspend the sentence of the applicants-appellants.
8. Accordingly, the applications for suspension of sentence filed
by the applicants-appellants are hereby allowed. It is ordered that
the sentence passed by the learned Special Judge, SC/ST
(Prevention of Atrocities Cases), Udaipur vide judgment dated
29.11.2023 (amended order dated 01.12.2023) passed in Special
Sessions Case No.15/2016 (CIS No.30/2016) against the
applicants-appellants - Nirmal Sahu S/o Shri Badri Lal Sahu
and Sanjay Singh @ Sattu S/o Himmat Singh shall remain
suspended till final disposal of the aforesaid appeals and they shall
be released on bail, provided each of them execute a personal
bond in the sum of Rs.1,00,000/- each with two sureties of
Rs.50,000/- each to the satisfaction of the learned trial Judge for
their appearance in this Court on 03.10.2025 and whenever
ordered to do so till the disposal of the appeals on the conditions
indicated below:-
i) That they will appear before the trial Court in first week
of completion of every three months till the appeals are
decided.
(ii) That if the applicants changes the place of residence,
they will give in writing their 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.
[2025:RJ-JD:38854-DB] (5 of 6) [SOSA-432/2024]
9. The learned trial Court shall keep the record of attendance of
the accused-applicants in a separate file. Such file be registered as
Criminal Misc. Case related to original case in which the accused-
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
accused-applicants do not appear before the trial court, the
learned trial Judge shall report the matter to the High Court for
cancellation of bails.
10. Needless to state that the observations made hereinabove in
relation to guilt or otherwise of the applicants are prima-facie
opinion considering the material to the extent necessary for the
purpose of consideration of instant applications. None of the
parties shall rely upon the findings or observations made herein at
the time of arguing final hearing of the appeals.
11. It is further ordered that during the period of suspension of
sentence, both the appellants-applicants shall mark their
attendance in the police station of their residence in first week of
completion of every three months.
12. It is made clear that if the conditions mentioned above by
this Court are not obeyed by the appellants-applicants, learned
Public Prosecutor will be free to approach this Court for
cancellation of their suspension of sentence.
(ANUROOP SINGHI),J (VINIT KUMAR MATHUR),J
78-79-Shahenshah/Sunils/-
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