Rajasthan High Court - Jodhpur
Inderpal vs State Of Rajasthan ... on 10 September, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:40342-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1585/2025
1. Inderpal S/o Late Mahendra Singh, Aged About 27 Years,
R/o Bheruchhani Police Station Bhirani District
Hanumangarh. (At Present Lodged At Sub Jail, Bhadra)
2. Rajesh Kumar S/o Ramniwas, Aged About 21 Years, R/o
Bheruchhani Police Station Bhirani District Hanumangarh.
(At Present Lodged At Sub Jail, Bhadra)
3. Subhash Candra S/o Devi Lal, Aged About 30 Years, R/o
Bheruchhani Police Station Bhirani District Hanumangarh.
(At Present Lodged At Sub Jail, Bhadra)
----Petitioners
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Ramawtar Singh Choudhary
Mr. Sumer Singh
For Respondent(s) : Mr. C.S. Ojha, PP
Mr. Manjeet Godara
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
HON'BLE MR. JUSTICE RAVI CHIRANIA
Order
10/09/2025
1. Learned counsel for the appellants wants to withdraw the
present application for suspension of sentence qua appellant No.1
Inderpal, but seeks liberty to file a fresh application after a period
of one year from today.
2. Hence, the present application for suspension of sentence is
hereby dismissed as withdrawn with liberty as prayed for.
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3. So far as appellant Nos.2 and 3 are concerned, they have
been convicted and sentenced as below vide judgment dated
20.11.2024 passed by the learned Additional Sessions Judge,
Bhadra, District Hanumangarh in Sessions Case No.25/2017:
Offence Sentence Fine Sentence in
default of fine
Sec.147 IPC 1 year's R.I. Rs.500/- 1 month's S.I.
Sec.148 IPC 2 year's R.I. Rs.1,000/- 2 month's S.I.
Sec.341 IPC 1 month's S.I. Rs.500/- 5 days' S.I.
Sec.302 IPC Life Imprisonment Rs.5000/- 2 years' S.I.
Sec.325 IPC 3 years' R.I. Rs.1,000/- 1 month's S.I.
Sec.323 IPC 1 year's S.I. Rs.500/- 1 month's S.I.
2. The appellant-applicant Nos.2 and 3 have preferred the
application for suspension of sentence under Section 430
B.N.S.S./389 Cr.P.C. for suspension of sentence during the
pendency of the appeal and for release on bail.
3. The only plea raised by learned counsel for the appellant-
applicant Nos.2 and 3 is that they were on bail during trial and no
specific role has been assigned to them and there is no chance of
hearing of the appeal in near future, thus, the sentence of the
applicant Nos.2 & 3 be suspended and he be enlarged on bail.
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4. Learned Public Prosecutor as well as learned counsel for the
complainant vehemently opposed the application for suspension of
sentence with the submission that as the appellant- applicant
Nos.2 & 3 have committed heinous offence, suspension of
sentence of such offender would send adverse message in the
society.
5. We have considered the submissions made by learned
counsel for the parties and have perused the material available on
record.
6. Looking to the fact that criminal appeals pertaining to year
2008 also are pending for hearing, there is no likelihood of hearing
of the present appeal in near future.
7. In the present case as observed herein-before, the appellant-
applicant Nos.2 & 3 were on bail during the trial and apparently,
there are no chances of hearing of the present appeal in near
future. Except for the fact that the appellant-applicant Nos.2 & 3
was involved in offence leading to his conviction for life, nothing
has been brought on record by way of extenuating circumstances
for denial of suspension of sentence.
8. Consequently, without making any observations on merits of
the case, we are inclined to suspend the sentence of the
appellant-applicants, namely, (2) Rajesh Kumar S/o Ramniwas &
(3) Subhash Candra S/o Devi Lal, during the pendency of the
appeal.
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9. Accordingly, the instant application for suspension of
sentence filed under Section 430 B.N.S.S./389 Cr.P.C. is partly
allowed and it is ordered that sentence passed by the learned
Additional Sessions Judge, Bhadra, District Hanumangarh vide
judgment dated 20.11.2024 in Sessions Case No.25/2017 against
the appellant-applicant, namely, (2) Rajesh Kumar S/o Ramniwas
& (3) Subhash Candra S/o Devi Lal shall remain suspended till
final disposal of the aforesaid appeal, provided each of them
executes a personal bond in the sum of Rs.50,000/- with two
sureties of Rs.25,000/- each to the satisfaction of learned trial
Judge for their appearance in this court on 14.10.2025 and
whenever ordered to do so till the disposal of the appeal on the
conditions indicated below:
1. That they will appear before the trial court in
the month of January of every year till the appeal
is decided.
2. That if the applicants 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.
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10. The learned trial court shall keep the record of attendance of
the accused-applicant Nos. 2 & 3 in a separate file. Such file be
registered as Criminal Misc. Case relating 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 been taken into account for statistical purpose
relating to pendency and disposal of the cases in the trial court. In
case, the said accused-applicants do not appear before the trial
court, learned trial Judge shall report the matter to the High Court
for cancellation of bail.
(RAVI CHIRANIA),J (MANOJ KUMAR GARG),J
23-GKaviya/-
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