Rajasthan High Court - Jodhpur
Prabhu Lal vs State Of Rajasthan ... on 24 September, 2025
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2025:RJ-JD:42821-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 487/2023
Prabhu Lal S/o Jeeva Varhat, Aged About 22 Years, R/o Bokhla
Phala Seravada Police Station Bichiwada District Dungarpur.
(At Present Lodged In Sub Jail, Dungarpur)
----Applicant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Jitendra Ojha
For Respondent(s) : Mr. C.S. Ojha, PP
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
HON'BLE MR. JUSTICE ANUROOP SINGHI
Order
24/09/2025
1. The present application has been filed by the applicant 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 him by
the learned Additional Session Judge, Dungarpur (hereinafter
referred to as 'trial Court') vide judgment dated 01.04.2023
passed in Session Case No.06/2020 (CIS No.114/17) whereby
following sentences have been awarded against the accused-
applicant.
S.No Offence Sentence Fine
1. 302 IPC Life Imprisonment To pay a fine of Rs.5,000/-; in
default thereof to further
undergo three months' simple
imprisonment
2. Learned counsel for the applicant-appellant submits that it is
a case of free fight in which the appellant party has also suffered
injuries. He further submits that on the FIR filed by the applicant-
(Uploaded on 24/09/2025 at 04:50:28 PM)
[2025:RJ-JD:42821-DB] (2 of 3) [SOSA-487/2023]
appellant, the police has charge-sheeted the rival parties. He
further submits that even as per the injury report, it is a case of
single injury and there is no repetition of blows. Learned counsel
for the applicant-appellant further submits that on account of
certain land disputes, the incident took place in which both the
parties have suffered multiple injuries in a free fight. He further
submits that the applicant-appellant has suffered incarceration of
around 9 years. He, therefore, prays that the sentence in the case
of present applicant-appellant may be suspended during the
pendency of the present appeal.
3. Learned Public Prosecutor opposed the application for
suspension of sentence.
4. We have considered the submissions made at the Bar and
have gone through the relevant record of the case.
5. Considering all aspects, this Court deems it appropriate to
suspend the sentence of the applicant-appellant.
6. Accordingly, the application for suspension of sentence filed
by the applicant-appellant is hereby allowed. It is ordered that the
sentence passed by the learned Additional Session Judge,
Dungarpur vide judgment dated 01.04.2023 in Session Case
No.06/2020 (CIS No.114/17) against the applicant-appellant -
Prabhu Lal S/o Jeeva Varhat shall remain suspended till final
disposal of the aforesaid appeal and he shall be released on bail,
provided he 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 his appearance in this Court on
(Uploaded on 24/09/2025 at 04:50:28 PM)
[2025:RJ-JD:42821-DB] (3 of 3) [SOSA-487/2023]
27.10.2025 and whenever ordered to do so till the disposal of the
appeal on the conditions indicated below:-
(i) That he will appear before the trial Court in the month of
January of every year till the appeal is decided.
(ii) That if the applicant changes the place of residence, he will
give in writing his 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.
7. 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 related 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 be taken into account for statistical purpose relating to
pendency and disposal of cases in the trial court. In case the said
accused applicant does not appear before the trial court, the
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
8. Needless to state that the observations made hereinabove in
relation to guilt or otherwise of the applicant 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
58-Payal/-
(Uploaded on 24/09/2025 at 04:50:28 PM)
Powered by TCPDF (www.tcpdf.org)
