Rajasthan High Court - Jodhpur
Ratna Ram vs State Of Rajasthan (2025:Rj-Jd:39887) on 9 September, 2025
[2025:RJ-JD:39887]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1191/2025
Ratna Ram S/o Sh. Hata Ram, Aged About 27 Years, R/o Village
Pathedi, Tehsil And Police Station Sayla, Dist. Jalore (Raj.)
(Presently Lodged In Central Jail, Jodhpur)
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Chakravarti Singh Rathore
For Respondent(s) : Mr. Urja Ram Kalbi, PP
HON'BLE MR. JUSTICE CHANDRA SHEKHAR SHARMA
Order
09/09/2025
01. Heard learned counsel for the parties on the present
application for suspension of sentence.
02. Learned counsel for the applicant-appellant has submitted
that deceased Ms. "S" was a major and mature woman of 22
years of age. It is further submitted that as per the statements of
P.W. 4 Krishna Kumar, the deceased voluntary left her parental
house in the intervening nights of 15.07.2022 and 16.07.2022
without informing anyone. It is further averred that no material
evidence is available on record which shows that the present
appellant abated deceased Ms. "S" to commit suicide. It is also
submitted that no charges under Protection of Children from
Sexual Offences Act (POCSO) were levelled against the present
appellant. The applicant has already served the sentence for a
period of more than nine months till date. Additionally it is
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submitted that during trial the present appellant was given benefit
of bail. Therefore, benefit of suspending the sentence may be
granted to the applicant-appellant.
03. Learned Public Prosecutor has vehemently opposed the
present application for suspension of sentence.
04. Having considered the totality of facts and circumstances of
the case, I consider it just and proper to suspend the substantive
sentence awarded to the accused appellant.
05. Accordingly, the present application for suspension of
sentence filed under Sec. 430(2) B.N.S.S. is allowed and it is
ordered that the substantive sentence passed by the Learned
Special Judge, Protection of Children from Sexual Offences Act
Cases cum The Commission for Protection of Child Rights Act,
2005 vide judgment dated 12.06.2025 in Session Case
No.19/2025 against appellant Ratna Ram shall remain suspended
till final disposal of the aforesaid appeal, provided he executes 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
his appearance in this court on 13.10.2025 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 appellant 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,
they will give in writing their changed address to
the trial Court.
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06. The learned trial Court shall keep the record of attendance of
the applicant-appellant in a separate file. Such file be registered
as Criminal Misc. Case related to original case in which the
applicant-appellant 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 applicant-appellant does not appear before the trial Court, the
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(CHANDRA SHEKHAR SHARMA),J
15-Vishal/-
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