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Rajasthan High Court - Jodhpur
Amraram vs State Of Rajasthan ... on 2 February, 2026
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2026:RJ-JD:5875-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1921/2025
Amraram S/o Dula Ram, Aged About 41 Years, Resident Of
Kuntasar Tehsil Sri Dungargarh District Bikaner
(At Present Lodged In Central Jail Bikaner)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. R.S. Choudhary
Mr. S.S. Gour
For Respondent(s) : Mr. Deepak Choudhary, AAG-cum-GA
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
HON'BLE MR. JUSTICE CHANDRA SHEKHAR SHARMA
Order
02/02/2026
1. The present application has been filed by the applicant under
Section 430 of BNSS, 2023 seeking suspension of sentence
awarded to him by the learned Additional Sessions Judge, Sri
Dungargarh, District Bikaner (hereinafter referred to as 'trial
Court') vide judgment dated 25.09.2025 passed in Session Case
No.05/2014, whereby following sentences have been awarded
against the accused-applicant.
S.No Offence Sentence Fine
1. 302 IPC Imprisonment for To pay a fine of Rs.30,000/-; in
Life default thereof to further undergo
three months simple imprisonment
2. Learned counsel for the applicant-appellant submits that
there is no evidence against the present applicant-appellant to
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prove that the applicant-appellant is involved in committing the
murder of Munni Ram. The applicant-appellant has been falsely
implicated in the present case. He submits that even as per the
postmortem report, there is no injury on the body of deceased.
Further, PW.18 Dinesh Kumar and PW.19 Ramkumar, who are the
Investigating Officers, in their cross-examination, have submitted
that after the inquest report was filed during the investigation, no
evidence has been found implicating the present applicant-
appellant, which shows that the fatal injuries were caused by the
present applicant-appellant on the body of deceased Munni Lal.
Learned counsel further submits that as per the statement of
PW.14 Dr. Vibhay Tanwar, there are no injuries on the body of
deceased and the cause of death is consumption of
organophosphorous as reported in the FSL. Learned counsel
further submits that during the trial, the applicant-appellant was
on bail. He submits that except the extra judicial confession of the
present applicant-appellant, there is nothing on record, which
connects the present applicant-appellant with the offence alleged
in the present case. He, therefore, prays that the present
application for suspension of sentence may be allowed.
3. Per contra, learned Public Prosecutor opposed the
submissions made by learned counsel for the appellant-applicant.
4. We have considered the submissions made at the Bar and
have gone through the relevant record of the case.
5. In the considered opinion of this Court, without commenting
on the merit and demerit of the case, this Court deems it
appropriate to suspend the sentence of the applicant-appellant.
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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 Sessions Judge, Sri
Dungargarh, District Bikaner vide judgment dated 25.09.2025 in
Session Case No. 05/2014 against the applicant - Amraram S/o
Dula Ram 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 04.03.2026 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
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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.
(CHANDRA SHEKHAR SHARMA),J (VINIT KUMAR MATHUR),J
44-SanjayS/-
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