Rajasthan High Court - Jodhpur
Jalal Ram vs State Of Rajasthan on 17 September, 2025
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal (SB) No. 2204/2025
Jalal Ram S/o Masinga Ram, Aged About 57 Years, Resident Of
Sokharu Police Station Barmer Rural District Barmer.
----Appellant
Versus
State Of Rajasthan, PP
----Respondent
For Appellant(s) : Mr. Rakesh Matoria
For Respondent(s) : Mr. Narendra Gehlot, PP
Mr. Omprakash Choudhary
HON'BLE MR. JUSTICE SANDEEP SHAH
Order
17/09/2025
IN S.B. Criminal Appeal (SB) No.2204/2025:-
1. Admit.
2. Call for the record.
IN S.B. Criminal Misc. Suspension of Sentence Application
No.1731/2025:-
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 19/54, 57, 54B(3) & 56 of the Rajasthan Excise Act,
1950. He submits that the maximum punishment is three years'
simple imprisonment. He also submits that the appellant-applicant
was on bail during the course of trial and the suspension has
already been suspended for a period of 30 days. He further
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submits only a small quantity of excisable articles has recovered
from the appellant-applicant and there are no criminal
antecedents and the chances of hearing of the appeal in near
future are 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 considering the evidence
available on record and the recovery from the appellant-applicant,
the learned Trial Court has rightly convicted the appellant-
application for the offence in question. 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 facts that the excisable articles recovered
are is of small quantity, and the conviction imposed upon the
appellant-applicant is of three years' simple imprisonment, there
are no criminal antecedents attributable to the appellant-
applicant, 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 Sepcial Judge, SC/ST (Prevention
of Atrocity Cases), Barmer, vide judgment dated 30.08.2025 in
Sessions Case No.202/2018 (160/2016), against the appellant-
applicant, Jalal Ram S/o Masinga Ram, shall remain suspended
till final disposal of the aforesaid appeal and he shall be released
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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 17.10.2025 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
36-devrajP/-
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