[Cites 3, Cited by 0]
Rajasthan High Court - Jodhpur
Goma Ram vs State Of Rajasthan ... on 12 February, 2026
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2026:RJ-JD:8104-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc 2nd Suspension Of Sentence Application
(Appeal) No. 2177/2025
Goma Ram S/o Lumbha Ram, Aged About 65 Years, R/o Nehru
Nagar P.S. Kotwali District Barmer.
(At Present Lodged in Central Jail, Jodhpur)
----Petitioner
Versus
State Of Rajasthan
----Respondent
For Petitioner(s) : Mr. Surendra Singh Shaktawat.
For Respondent(s) : Mr. Sharwan Singh Rathore, PP.
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
HON'BLE MR. JUSTICE CHANDRA SHEKHAR SHARMA
Order
12/02/2026
1. The present second application has been filed by the
applicant under Section 389 of the Cr.P.C. (Now 430 of BNSS,
2023) seeking suspension of sentence awarded to him by the
learned Additional Sessions Judge, Barmer (hereinafter referred to
as 'trial Court') vide judgment dated 17.09.1999 passed in
Session Case No.29/1998, whereby following sentences have been
awarded against the accused-applicant.
S.No Offence Sentence Fine
1. 302/34 Imprisonment for To pay a fine of Rs.1,000/-;
IPC Life in default thereof to further
undergo 03 months R.I.
2. 364 IPC Rigorous To pay a fine of Rs.1,000/-;
Imprisonment for in default thereof to further
07 years undergo 03 months R.I.
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[2026:RJ-JD:8104-DB] (2 of 4) [SOSA-2177/2025]
2. The present application has been filed on the ground that in
pursuance of the order passed by this on 14.03.2000, the
sentence of the applicant-appellant was suspended and he was
directed to mark his attendance before the learned trial Court in
the month of January every year. However, the applicant could not
appear before the trial Court as ordered by this Court on
14.03.2000. Therefore, on the proceedings initiated under Section
446 Cr.P.C., standing warrant of arrest was issued against the
applicant. In pursuance of the same, he was arrested and is facing
incarceration since 22.02.2023.
3. Learned counsel for the applicant submits that the applicant
has already undergone incarceration of almost two years for the
mistake he has committed of not marking his attendance before
the trial Court as order by this Court on 14.03.2000. He,
therefore, prays that the sentence in the case of present
applicant-appellant may be suspended during pendency of the
present appeal.
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.
6. Accordingly, the second application for suspension of
sentence filed by the applicant-appellant is hereby allowed. It is
ordered that the sentence passed by the learned Additional
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[2026:RJ-JD:8104-DB] (3 of 4) [SOSA-2177/2025]
Sessions Judge, Barmer vide judgment dated 17.09.1999 in
Session Case No.29/1998 against the applicant - Goma Ram S/o
Lumbha 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 16.03.2026 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
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
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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
73-Shahenshah/Sunils/-
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