Research › Search › Judgment

High Court of Rajasthan · body

2025 DAILYLAW 34055 (RAJ)

GANGARAM S/O GHASI LAL v. STATE OF RAJASHTHAN

SOSA/2248/2024 · 2025-01-03

Ganesh Ram Meena

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:450] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 2248/2024 in S.B. Criminal Appeal No.2862/2024 1. Gangaram S/o Ghasi Lal, Residing At Siyana Police Station Dablana District Bundi (Rajasthan) (Presently Confined In District Jail, Bundi) 2. Nandkishore S/o Gangaram, Residing At Siyana Police Station Dablana District Bundi (Rajasthan) (Presently Confined In District Jail, Bundi) 3. Prahlad S/o Gangaram, Residing At Siyana Police Station Dablana District Bundi (Rajasthan) (Presently Confined In District Jail, Bundi) 4. Bhanwar Lal S/o Gangaram, Residing At Siyana Police Station Dablana District Bundi (Rajasthan) (Presently Confined In District Jail, Bundi) ----Petitioners Versus State of Rajashthan, through P.P. ----Respondent For Petitioner(s) : Mr. Santosh Kumar Jain For Respondent(s) : Mr. Vijay Singh Yadav, Public Prosecutor HON'BLE MR. JUSTICE GANESH RAM MEENA Order 03/01/2025 1. The accused-applicants/appellants have preferred the this present application for suspension of sentence under Section 430 of the B.N.S.S., 2023. 2. Heard. 3. Considered the submissions made at bar and also perused the record. [2025:RJ-JP:450] (2 of 3) [SOSA-2248/2024] 4. It is evidence for the record that the accused- applicants/appellants were on bail during trail and as per the statements made by learned counsel for the applicants, they did not misuse the liberty of bail granted them during trial in any manner. 5. It is also come out that there are cross-cases between the parties and trial of the case as alleged by the accused party against the complainant party is under trial for offence under Section 325 IPC. 6. The fact as regards the injury sustained by the complainant party in open fight was there in para No.43 of the judgment however, the learned trial Court has disbelieved this fact that the said injury has been sustained in defense. 7. Taking into consideration overall facts and circumstances of the case and more particularly the fact that both the parties have sustained injury in open fight for which the cross-cases were also lodged, this Court feels that it is a fit case to suspend the sentence awarded to the accused-applicants/appellants. 8. Accordingly, the application for suspension of sentence is allowed and it is ordered that the sentence awarded to the accused-appellants, namely, (1) Gangaram S/o Ghasi Lal, (2) Nandkishore S/o Gangaram and (3) Bhanwar Lal S/o Gangaram in Sessions Case No.206/2017 shall remain suspended provided each of them furnish a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the learned trial Court to the effect that they shall [2025:RJ-JP:450] (3 of 3) [SOSA-2248/2024] appear before the Registrar (Judl.) of this Court on 03.02.2025 and further on subsequent date(s) as and when called upon to do so till the disposal of the appeal on the conditions as follows:- i) After release of the accused appellants, they shall not indulge in any criminal activity and if it is found that they are involved in any criminal activity, the order shall be recalled. ii) They will appear before the trial Court in the month of December of every year till the appeal is decided. iii) If the appellants change the place of residence, they will give in writing their changed address to the trial Court as well as the counsel in the High Court. iv). Similarly, if the sureties change their address, they will give in writing their changed address to the trial Court. 9. A copy of this order be sent to learned trial Court through e- mail. (GANESH RAM MEENA),J Ashish Kumar /90