[Cites 4, Cited by 0]
Rajasthan High Court - Jodhpur
Ladhu Ram @ Ladu Ram vs State Of Rajasthan ... on 16 February, 2026
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2026:RJ-JD:8612-DB] (1 of 4) [SOSA-1014/2025]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR.
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1014/2025
Ladhu Ram @ Ladu Ram S/o Hira Ram, Aged About 60 Years,
R/o Kabuli Police Station Dhorimanna, District Barmer.
(At Present Lodged In District Jail Barmer)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Jitendra Ojha
For Respondent(s) : Mr. Sharwan Singh Rathore, PP
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
HON'BLE MR. JUSTICE CHANDRA SHEKHAR SHARMA
Order
16/02/2026
1. The present application has been filed by the applicant under
Section 389 of the Cr.P.C. (430 of BNSS, 2023) seeking
suspension of sentence awarded to him by the learned Additional
District & Sessions Judge No.2, Barmer (hereinafter referred to as
'trial Court') vide judgment dated 16.04.2025 passed in Session
Case No.67/2024, whereby following sentences have been
awarded against the accused-applicant.
S.No Offence Sentence Fine
1. 376 (1) Life imprisonment To pay a fine of Rs.50,000/-; in
of IPC default thereof to further undergo
two years' additional rigorous
imprisonment.
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[2026:RJ-JD:8612-DB] (2 of 4) [SOSA-1014/2025]
2. Learned counsel for the applicant-appellant submits that the
present application for suspension of sentence has been filed on
behalf of the accused applicant on the ground that he has been
falsely implicated in the present case. Learned counsel submits
that the incident is of late night of 04.05.2020 for which an FIR
was registered on 05.05.2020 at 05:14 pm. He submits that
before lodging FIR on an information being given to the police, the
police reached the site. The applicant was proceeded against
under sections 107 and 151 of Cr.PC after he was produced before
the Sub Divisional Magistrate. He submits that if on 05.05.2020,
the applicant was produced before the Sub Divisional Magistrate
and order was passed under Sections 107 and 151 of Cr.PC in
which there was no allegation of rape then lodging of the FIR after
19 hours of the incident is nothing but an afterthought to falsely
implicate the applicant in the present case. Learned counsel,
therefore, submits that the entire story of the prosecution is
worthless and cannot be relied upon. He, therefore, prays that the
application seeking suspension of sentence filed by the applicant
may be allowed and sentence awarded to him by the learned trial
court may be suspended during pendency of the appeal.
3. Per contra, learned Public Prosecutor though opposed the
submissions made by learned counsel for the applicant, however,
he is not in a position to refute the fact that if the incident had
taken place at 10:00 pm at night on 04.05.2020 for which the
proceedings were initiated in the early morning before before the
Sub Divisional Magistrate in which no allegation of rape was
leveled, then how the FIR was registered on 05.05.2020.
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[2026:RJ-JD:8612-DB] (3 of 4) [SOSA-1014/2025]
4. We have considered the submissions made at the Bar and
have gone through the relevant record of the case.
5. Considering the fact that there is no plausible explanation for
lodging the FIR on 05.05.2020 at 5:14 pm and the complaint in
which the applicant was produced before the Sub Divisional
Magistrate, there is no mention of rape creates doubt in the entire
prosecution story, 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 application for suspension of sentence filed
by the applicant-appellant is hereby allowed. It is ordered that the
sentence passed by the learned Additional District & Sessions
Judge No.2, Barmer vide judgment dated 16.04.2025 in Session
Case No.67/2024 against the applicant - Ladhu Ram @ Ladu
Ram S/o Hira 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 18.03.2026 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.
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[2026:RJ-JD:8612-DB] (4 of 4) [SOSA-1014/2025]
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.
(CHANDRA SHEKHAR SHARMA),J (VINIT KUMAR MATHUR),J
27-AnilSingh/-
(Uploaded on 16/02/2026 at 04:56:43 PM)
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