[Cites 2, Cited by 0]
Rajasthan High Court - Jodhpur
Ramesh Kumar vs State Of Rajasthan ... on 17 March, 2026
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2026:RJ-JD:12710-DB] (1 of 4) [SOSA-1128/2025]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR.
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1128/2025
Ramesh Kumar S/o Shri Ramchandra, Aged About 30 Years, R/o
Ward No. 6, Premnagar Anoopgarh, District Sriganganagar (Raj.)
(Presently Lodged In Central Jail, Sriganganagar)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Ms Sarika Vishnoi.
For Respondent(s) : Mr. C.S.Ojha, PP
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
HON'BLE MR. JUSTICE CHANDRA SHEKHAR SHARMA
Order
17/03/2026
1. The present application has been filed by the applicant under
Section 430 of BNSS, 2023 (old section 389 of the Cr.P.C.) seeking
suspension of sentence awarded to him by the learned Additional
Session Judge No.1, Anoopgarh District Sri Ganganagar
(hereinafter referred to as 'trial Court') vide judgment dated
18.11.2024 passed in Session Case No.22/2019, whereby
following sentences have been awarded against the accused-
applicant.
S.No Offence Sentence Fine
1. 302/34 Rigorous To pay a fine of
IPC Imprisonment for Rs.1,00,000/-; in default
Life thereof to further undergo six
months simple imprisonment.
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2. 201/34 Seven years RI To pay a fine of Rs. 50,000/-;
IPC in default thereof to further
undergo six months simple
imprisonment.
2. Learned counsel for the applicant submits that there is no
evidence worth credence to implicate the applicant in the present
case. Learned counsel submits that merely on the basis of
presumption, the applicant has been convicted by the learned trial
court. Learned counsel further submits that PW-10 Sanjay Kumar
and PW-11 Ajay Kumar who are sons of the deceased have not
supported the prosecution case and they have been declared
hostile. Learned counsel submits that even there is no evidence on
record to show that the applicant was present at the time of the
incident. She submits that even as per the statement of PW-10
Sanjay Kumar, the present applicant had left the house of the
deceased in the evening of preceding date of the incident. Learned
counsel submits that the present applicant has been convicted
merely on the basis of presumption and surmises. He, therefore,
prays that the sentence in the case of 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. Having considered the submissions made at the Bar and
gone through the relevant record of the case, without commenting
on the merit and demerit of the case, this Court deems it
appropriate to suspend the sentence of the applicant-appellant.
5. Accordingly, the application for suspension of sentence filed
by the applicant-appellant is hereby allowed. It is ordered that the
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sentence passed by the learned Additional Sessions Judge No.1,
Anoopgarh District Sri Ganganagar vide judgment dated
18.11.2024 in Session Case No.22/2019 against the applicant-
Ramesh Kumar S/o Shri Ramchandra 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 23.04.2026 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.
6. 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.
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7. 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
38-AnilSingh/-
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