Rajasthan High Court - Jodhpur
Ram Chandra @ Chandra vs State Of Rajasthan ... on 18 September, 2025
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2025:RJ-JD:41749-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 611/2025
1. Ram Chandra @ Chandra S/o Ranjeet Ram, Aged About
29 Years, R/o 5 AS Motasar, Ps Ramsinghpur, Dist.
Sriganganagar, Raj. (Lodged In Sub Jail Anoopgarh)
2. Subhash S/o Devilal, Aged About 44 Years, R/o 5 AS
Motasar, Ps Ramsinghpur, Dist. Sriganganagar, Raj.
(Lodged In Sub Jail Anoopgarh)
----Applicants
Versus
State of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Devilal Rawla
For Respondent(s) : Mr. Chandra Shekhar Ojha, Addl.GA
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
HON'BLE MR. JUSTICE ANUROOP SINGHI
Order
18/09/2025
1. The present application has been filed by the applicants
under section 389 of the Code of Criminal Procedure, 1973
(hereinafter referred to as 'Cr.P.C.') (430 of the Bhartiya Nagrik
Suraksha Sanhita, 2023) seeking suspension of sentence awarded
to them by the learned Additonal Sessions Judge No.1,
Anoopgarh, District Sriganganagar (hereinafter referred to as 'trial
Court') vide judgment dated 11.03.2024 passed in Session Case
No.23/2018 (CIS No.21/2018) whereby following sentences have
been awarded against the accused-applicants.
S.No Offence Sentence Fine
1. 302/120 Life Imprisonment To pay a fine of Rs.1,00,000/-;
-B/34 in default thereof to further
IPC undergo six months' simple
imprisonment
2. 450/120 Ten years' Rigorous To pay a fine of Rs.50,000/-; in
-B/34 Imprisonment default thereof to further
IPC undergo three months' simple
imprisonment
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3. 323/120 One year's To pay a fine of Rs.1000/-; in
-B/34 Rigorous default thereof to further
IPC Imprisonment undergo one month's simple
imprisonment
2. Learned counsel for the applicants-appellants submits that in
case of Ram Chandra S/o Manphool Ram, the sentence has been
suspended by a Coordinate Bench of this Court vide order dated
13.11.2024 and the case of the present applicants-appellants is
not distinguishable from the case of Ram Chandra S/o Manphool
Ram. Learned counsel submits that the applicants-appellants have
suffered an incarceration of seven years. He further submits that
the deceased sustained four injuries out of which only one was the
fatal injury. He therefore, prays that the application for suspension
of sentence in the present case may be allowed.
3. Per contra, learned Public Prosecutor submits that as per the
testimony of PW-8 Manpreet Kaur, she has categorically stated
that present appellants along with Ram Chandra S/o Manphool
Ram after having forcefully entering into their house have
assaulted Jagjeet Singh, who sustained multiple injuries and
thereafter he succumbed to those injuries. Similarly PW-9 Phool
Singh, PW-10 Dharma Singh and PW-11 Sandeep Kaur, who are
the eye-witnesses of the incident have stated that the present
applicants-appellants along with Ramchandra forcefully entered
into their house and assaulted Jagjeet Singh and ultimately he
succumbed to those injuries. Learned Public Prosecutor further
submits that sentence of the co-accused Ram Chandra S/o
Manphool Ram was suspended by the Co-Ordinate Bench on the
ground that he had not entered in the house of the deceased and,
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therefore, no injury was attributed to him. He, therefore, prays
that the application for suspension of sentence may be dismissed.
4. We have considered the submissions made at the Bar and
gone through the relevant record of the case and also scanned the
statements of witnesses PW-8 Manpreet Kaur, PW-9 Phool Singh,
PW-10 Dharma Singh, PW-11 Sandeep Kaur along with other
witnesses of PW-12 Kalveer Singh and PW-13 Rani Kaur, wherein
they have stated that all the three accused persons namely Ram
Chandra S/o Ranjeet Ram, Ram Chandra S/o Manphool Ram and
Subhash S/o Devilal have caused injuries to the deceased Jagjeet
Singh. We find that the case of the present applicants is not
distinguishable from the case of co-accused Ram Chandra S/o
Manphool Ram and the same stands on similar footing, therefore,
the same treatment is required to be extended to the present
applicants-appellants also.
5. Accordingly, the application for suspension of sentence filed
by the applicants-appellants is hereby allowed. It is ordered that
the sentence passed by the learned Additonal Sessions Judge
No.1, Anoopgarh, District Sriganganagar vide judgment dated
11.03.2024 passed in Session Case No.23/2018 (CIS No.21/2018)
against the applicants- (1.) Ram Chandra @ Chandra S/o
Ranjeet Ram and (2.) Subhash S/o Devilal shall remain
suspended till final disposal of the aforesaid appeal and they shall
be released on bail, provided each of them executes a personal
bond in the sum of Rs.1,00,000/- each with two sureties of
Rs.50,000/- each to the satisfaction of the learned trial Judge for
their appearance in this Court on 28.10.2025 and whenever
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ordered to do so till the disposal of the appeal on the conditions
indicated below:-
(i) That they will appear before the trial Court in the month of
January of every year till the appeal is decided.
(ii) That if the applicants changes the place of residence, they will
give in writing their changed address to the trial Court as well as
to the counsel in the High Court.
(iii) Similarly, if the sureties change their address, 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 accused-applicants in a separate file. Such file be registered as
Criminal Misc. Case related 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 be taken into account for statistical purpose relating to
pendency and disposal of cases in the trial court. In case the said
accused applicants do not appear before the trial court, the
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
7. Needless to state that the observations made hereinabove in
relation to guilt or otherwise of the applicants is prima-facie
opinion considering the material to the extent necessary for the
purpose of consideration of instant application. None of the parties
shall rely upon the findings or observations made herein at the
time of arguing final hearing of the appeal.
(ANUROOP SINGHI),J (VINIT KUMAR MATHUR),J
19-Suraj/-
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