Rajasthan High Court - Jodhpur
Lacchi Devi vs State Of Rajasthan ... on 11 September, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:40705-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1529/2025
1. Lacchi Devi W/o Likhma Ram, Aged About 76 Years, R/o
Sudsar, Tehsil Sri Dungargarh, Dist. Bikaner (Lodged In
Central Jail, Bikaner)
2. Gomati W/o Gopal Ram, Aged About 70 Years, R/o
Sudsar, Tehsil Sri Dungargarh, Dist. Bikaner (Lodged In
Central Jail, Bikaner)
----Petitioners
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. HSS Kharlia, Sr. Adv. assisted by
Ms. Kirti Bodha
For Respondent(s) : Mr. Vikram Singh Rajpurohit, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
HON'BLE MR. JUSTICE RAVI CHIRANIA
Order
11/09/2025
1. The each of the appellant-applicant herein have been
convicted and sentenced as below vide judgment dated
01.08.2025 passed by the learned Additional Sessions Judge,
Sridungargarh, District Bikaner in Sessions Case No.21/2009:
Offence Sentence Fine Sentence in
default of fine
Sec.302/149 Life Imprisonment Rs.20,000/- 3 Monthss S.I.
IPC
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Sec.307/149 10 Years S.I. 20,000/- 3 Months' S.I.
IPC
Sec.458/149 10 Years S.I. 5,000/- 1 Months' S.I.
IPC
Sec.325/149 7 Years S.I. 2,000/- 1 Month's S.I.
IPC
Sec.324/149 3 Years S.I. 2,000/- 1 Month's S.I.
IPC
Sec.323/149 6 months S.I. 1,000/- 10 days' S.I.
IPC
Sec.147/149 1 Years S.I. 500/- 10 days' S.I.
IPC
Sec.148/149 3 Years S.I. 500/- 10 days' S.I.
IPC
2. The appellant-applicants 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 was 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 applicants
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be suspended and they be enlarged on bail.
4. Learned Public Prosecutor opposed the application for
suspension of sentence with the submission that as the appellant-
applicants 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-
applicants 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-applicants were 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, (1) Lacchi Devi W/o Likhma Ram &
(2) Gomati W/o Gopal Ram, during the pendency of the appeal.
9. Accordingly, the instant application for suspension of
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sentence filed under Section 430 B.N.S.S./389 Cr.P.C. is allowed
and it is ordered that sentence passed by the learned Additional
Sessions Judge, Sridungargarh, District Bikaner vide judgment
dated 01.08.2025 in Sessions Case No.21/2009 against the
appellant-applicants, namely, (1) Lacchi Devi W/o Likhma Ram &
(2) Gomati W/o Gopal Ram 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 change the place of
residence, they 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 in a separate file. Such file be registered as
Criminal Misc. Case relating 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 been taken into account for statistical purpose relating to
pendency and disposal of the cases in the trial court. In case, the
said accused-applicant 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
39-GKaviya/-
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