Rajasthan High Court - Jodhpur
Omprakash vs State Of Rajasthan on 11 September, 2025
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal (Sb) No. 2184/2025
Omprakash S/o Shri Vagaram, Aged About 32 Years, Uttari Der
Redana, Police Station Girab, District Barmer (Rajasthan)
----Appellant
Versus
State Of Rajasthan, Through PP
----Respondent
For Appellant(s) : Mr. Rishabh Tayal
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.2184/2025:-
1. Admit.
2. Call for the record.
IN S.B. Criminal Misc. Suspension of Sentence Application
No.1687/2025:-
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 acquitted for the offences under
punishable under Section 307 and has been convicted under
Sections 332, 353, 427 & 482 of IPC, Sections 03/25 & 27 of Arms
Act, 1959 & under Section 3 of Prevention of Damage to Public
Property Act, 1984. He submits that the maximum punishment is
three years' rigorous imprisonment. He also submits that the
(Uploaded on 11/09/2025 at 07:31:49 PM)
(2 of 3) [CRLAS-2184/2025]
appellant-applicant was on bail during the course of trial and has
already remained behind the bars for almost period of one year
and nine months 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, having regard to the
nature of injury and the manner in which the incident occurred, as
also considering the fact that the learned Trial Court has also
considering the relevant threadbare has convicted the appellant-
applicant, the appellant-applicant is not entitled for grant of any
indulgence from this Court.
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 punishment imposed upon the
appellant-applicant is only three years' rigorous imprisonment out
of which the appellant-applicant has already undergone a period of
one year and nine months as also considering the fact that the
appellant-applicant 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, Sirohi,
vide judgment dated 18.08.2025 in Sessions Case No.55/2019,
against the appellant-applicant, Omprakash S/o Shri Vagaram,
shall remain suspended till final disposal of the aforesaid appeal
(Uploaded on 11/09/2025 at 07:31:49 PM)
(3 of 3) [CRLAS-2184/2025]
and he 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
122-devrajP/-
(Uploaded on 11/09/2025 at 07:31:49 PM)
Powered by TCPDF (www.tcpdf.org)
