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2025 DAILYLAW 2639 (RAJ)

TEJRAM SON OF RATIRAM v. STATE OF RAJASTHAN

SOSA/31/2025 · 2025-03-10

Inderjeet Singh, Pramil Kumar Mathur

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 31/2025 In D.B. Criminal Appeal No.9/2025 Tejram Son Of Ratiram, Aged About 45 Years, Resident Of Ghatitala Sarangpura Police Station Akbarpur District Alwar At Present Lodged In District Jail Alwar ----Petitioner Versus State Of Rajasthan, Through The Public Prosecutor ----Respondent Connected With D.B. Criminal Appeal No. 822/2010 Rati Ram And Ors ----Petitioner Versus State Of Rajasthan Through P.p. ----Respondent For Petitioner(s) : Mr. Ashvin Garg For Respondent(s) For Complainant : Mr. Vivek Sharma, Addl. GA with Mr. Aman Kumar, AAAG Mr. Kapil Gupta HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order 10/03/2025 D.B. Criminal Misc Suspension Of Sentence Application No. 31/2025 In D.B. Criminal Appeal No.9/2025 1. This suspension of sentence application has been filed by the accused-applicant along with the appeal. (2 of 3) [SOSA-31/2025] 2. Counsel appearing on behalf of the accused-applicant submits that the accused-applicant has been convicted under Sections 148, 323, 341, 427 and 302 of IPC and sentenced under Section 302 of IPC to undergo life imprisonment and to pay fine of Rs.50,000/- and in default for payment of fine to further undergo simple imprisonment for six months. 3. Counsel for the accused-applicant submits that the accused- applicant has falsely been involved in this matter. He further submits that the allegation against the accused-applicant is of causing head injury on the deceased by using lathi, however neither any blood stain was found on the lathi nor the same was sent for FSL examination. Counsel further submits that during trial, the accused-applicant was on bail and sentence of other co- accused have been suspended by this Court. 4. Learned Additional Government Advocate assisted by counsel for the complainant has opposed the present suspension of sentence application. 5. We have heard counsel for the parties and perused the record. 6. Considering the submissions put-forth by counsel for the parties and taking into account the facts and circumstances of the present case and also considering the fact that sentence of other co-accused has already been suspended and no blood stain was found on the lathi, which was recovered from the applicant, we deem it just and proper to allow this criminal miscellaneous suspension of sentence application. 7. In that view of the matter, this criminal miscellaneous suspension of sentence application is allowed and it is ordered that (3 of 3) [SOSA-31/2025] execution of sentence awarded to the accused-applicant shall remain suspended during the pendency of the criminal appeal and the accused-applicant be admitted to bail subject to satisfaction of the trial Court with the stipulation that he shall appear before this Court on 16.04.2025 and thereafter as and when called upon to do so. 8. Office is directed to send a copy of this order to the concerned trial Court through e-mail/fax for necessary compliance. D.B. Criminal Appeal No. 822/2010 List along with D.B. Criminal Appeal No. 9/2025. (PRAMIL KUMAR MATHUR),J (INDERJEET SINGH),J sunita/15-16