[Cites 3, Cited by 0]
Rajasthan High Court - Jodhpur
Shrawan Kumar vs State Of Rajasthan ... on 3 February, 2026
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2026:RJ-JD:6140-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1883/2025
Shrawan Kumar S/o Shri Dalipram, Aged About 45 Years, R/o
Ward No 08, Dhaba, Tehsil Sangaria, District Hanumangarh,
Rajasthan. (Presently Lodged In Distt. Jail Hanumangarh)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Durgesh Khatri
For Respondent(s) : Mr. Rajesh Bhati, PP
Mr. Nishant Motsara
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
HON'BLE MR. JUSTICE CHANDRA SHEKHAR SHARMA
Order
03/02/2026
Heard learned counsel for the parties.
2. The present application has been filed by the applicant under
Section 430 of BNSS, 2023 (389 of the Cr.P.C.) seeking
suspension of sentence awarded to him by learned Special Judge,
SC/ST (Prevention of Atrocities) Cases, Hanumangarh,
(hereinafter referred to as 'trial Court') vide judgment dated
03.06.2025 passed in Session Case No.108/2018 (CIS
No.108/2018) whereby following sentences have been awarded
against the accused-applicant.
S.No Offence Sentence Fine
1. 302/149 Life Imprisonment To pay a fine of Rs.50,000/-;
IPC in default thereof to further
undergo six months' simple
imprisonment
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2. 148 IPC Three years of To pay a fine of Rs.10,000/-;
Imprisonment in default thereof to further
undergo one month's simple
imprisonment
3. 427/149 Two years of To pay a fine of Rs.5,000/-;
IPC Imprisonment in default thereof to further
undergo 15 days' simple
imprisonment
4. 3(2)(v) Life Imprisonment To pay a fine of Rs.50,000/-;
of in default thereof to further
SC/ST undergo six months' simple
Act imprisonment
3. Learned counsel for the applicant-appellant submits that the
applicant-appellant has falsely been implicated in the present
case. He submits that there is no evidence worth credence to
connect the applicant-appellant with the offence alleged in the
present case. Learned counsel further submits that PW-1 - Kaku
Singh, PW-2 - Bhagaram and PW-3 - Krishna who are stated to
be the eye witnesses of the incident have not supported the
prosecution case and they have been declared hostile. Learned
counsel further submits that PW-5 - Amandeep who has informed
the first informant PW-4 - Rajesh has not named the appellants
including the present applicant on the telephone as well as in his
statement recorded under Section 161 Cr.P.C. Learned counsel
further submits that for the first time, in the statements recorded
before the learned Trial Court he has named the present applicant
and others attributing the injuries to deceased - Jaswinder Singh.
He submits that if PW-5 was aware of names of the assailants
then as to why he has not named the assailants in the statements
recorded under Section 161 Cr.P.C. and he has not informed the
names to PW-4 - Rajesh too. He submits that the statement of
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PW-5 is an improvised version of statement falsely implicating the
present applicant. Learned counsel also submits that there is no
recovery made from the present applicant. Lastly, learned counsel
submits that during trial, the present applicant was on bail.
4. Per contra, learned Public Prosecutor has opposed the
application for suspension of sentence.
5. We have considered the submissions made at the Bar and
have gone through the relevant record of the case.
6. In the considered opinion of this Court, and looking to the
fact that no overt act has been attributed to the present applicant-
appellant, without commenting on the merit and demerit of the
case, this Court deems it appropriate to suspend the sentence of
the applicant-appellant.
7. 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 Special Judge, SC/ST (Prevention
of Atrocities) Cases, Hanumangarh, (hereinafter referred to as
'trial Court') vide judgment dated 03.06.2025 passed in Session
Case No.108/2018 (CIS No.108/2018) against applicant -
Shrawan Kumar S/o Shri Dalipram 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
05.03.2026 and whenever ordered to do so till the disposal of the
appeal on the conditions indicated below:-
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(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.
8. 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.
9. 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
41-T.Singh/-
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