Rajasthan High Court - Jodhpur
Kanaram vs State Of Rajasthan on 11 September, 2025
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal (Sb) No. 2197/2025
Kanaram S/o Kunanaram, Aged About 32 Years, R/o Harsh,
Police Station Sikar, District Sikar (Rajasthan).
----Appellant
Versus
State Of Rajasthan, Through PP
----Respondent
For Appellant(s) : Mr. Jagatveer Singh Deora
For Respondent(s) : Mr. Narendra Gehlot, PP
Mr. Omprakash Choudhary
HON'BLE MR. JUSTICE SANDEEP SHAH
Order
11/09/2025
IN S.B. Criminal Appeal (SB) No.2197/2025:-
1. Admit.
2. Call for the record.
IN S.B. Criminal Misc. Suspension of Sentence Application
No.1715/2025:-
1. Heard learned counsel for the appellant-applicant as well as
learned Public Prosecutor and perused the material available on
record.
2. Learned counsel for the appellant-applicant submits that the
appellant-applicant has been convicted for the offences under
Sections 332, 333, 353 & 307 of IPC, Section 19/54 of the
Rajasthan Excise Act, 1950 & under Section 3 of Prevention of
Damage to Public Property Act, 1984. He submits that the
maximum punishment is three years' simple imprisonment. He
also submits that the appellant-applicant was on bail during the
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course of trial. He further submits that the recovery is only four
cartons of exciable articles, there are no criminal antecedents and
there is no chance of hearing of the appeal in near future being
bleak. He, therefore, implores this Court to allow the suspension
of sentence application.
3. Learned Public Prosecutor opposes the application for
suspension of sentence and submits that the appellant-applicant
has been convicted under Section 332, 353 of IPC & 3 of the PDPP,
Act itself fortifies the fact that the appellant-applicant, after
carrying excisable articles, attempted to obstruct the discharge of
duty by the Police Officials and even tried to run the vehicle over
them. He, thus opposes the suspension of sentence application.
4. Upon consideration of the arguments advanced on behalf of
both the sides and having regard to the facts and circumstances of
the case including the fact that the conviction imposed upon the
appellant-applicant is of three years' simple imprisonment that
there are no criminal antecedents attributable to the appellant-
applicant, that he was on bail during the course of trial, and the
chances of hearing of appeal in near future being bleak, this Court
is of the opinion that it is a fit case for suspending the sentences
awarded to the accused appellant-applicant.
5. Accordingly, the application for suspension of sentence filed
under Section 430 of BNSS is allowed and it is ordered that the
sentence passed by the learned Additional Sessions Judge,
Kuchaman City, District Deedwana-Kuchaman, vide judgment
dated 25.08.2025 in Sessions Case No.26/2021 (30/2016),
against the appellant-applicant, Kanaram S/o Kunanaram, shall
remain suspended till final disposal of the aforesaid appeal and he
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shall be released on bail, 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/she/they will appear before the trial
Court in the month of January of every year till the
appeal is decided.
2. That if the applicant(s) changes the place of
residence, he/she/they will give in writing
his/her/their 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.
6. The learned trial Court shall keep the record of attendance of
the appellant-applicant in a separate file. Such file be registered
as Criminal Misc. Case related to original case in which the
appellant-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 appellant-applicant does not appear before the trial court, the
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(SANDEEP SHAH),J
124-devrajP/-
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