Rajasthan High Court – Jodhpur
Shankar Lal vs State Of Rajasthan … on 8 April, 2025
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
[2025:RJ-JD:18021-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension of Sentence Application (Appeal)
No. 118/2025
Shankar Lal son of Panna Lal Jat, aged about 37 Years, resident
of Satliyawas, P.S. Gangapur Dist Bhilwara. (at present lodged in
Central Jail Udaipur)
----Petitioner
Versus
State of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Kaluram Bhati
For Respondent(s) : Mr. C.S. Ojha, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
HON’BLE MR. JUSTICE SANDEEP SHAH
Order
08/04/2025
1. The appellant-applicant herein has been convicted and
sentenced as below vide judgment dated 26.09.2023 passed by
the learned Additional Sessions Judge No.1, Chittorgarh in
Sessions Case No.202/2017:
Offences Prison In default of payment of fine
U/s Punishment further undergo
364 of IPC Rigorous Extra 4 Months of R.I.
Imprisonment for
10 Years with the
fine of Rs.10,000/-
302/34 of IPC Imprisonment for Extra 6 Months of R.I.
Life with the fine of
Rs.15,000/-
120-B of IPC Rigorous Extra 4 Months of R.I. Imprisonment for 10 years with the fine of Rs.10,000/- 201 of IPC Rigorous Extra 2 Months of R.I. Imprisonment for 3 years with the fine of Rs.5,000/- (Downloaded on 08/04/2025 at 10:48:03 PM) [2025:RJ-JD:18021-DB] (2 of 5) [SOSA-118/2025]
2. The appellant-applicant has preferred the application for
suspension of sentence under Section 389 Cr.P.C. for suspension
of sentences during the pendency of the appeal and for release on
bail.
3. Learned counsel for the appellant-applicant submits that the
co-accused Hajari Lal has been granted suspension of sentence
application by this Court in D.B. Criminal Misc. Suspension of
Sentence Application No.1402/2024 on 04.12.2024. The order
dated 04.12.2024, reads as under:-
“This suspension of sentence application has been
filed by Hajari Lal who has been convicted and
sentenced to imprisonment for life and fine of
Rs.15,000/- under Section 302/34 of IPC; rigorous
imprisonment for ten years and fine of Rs.10,000/-
under Section 364 IPC; imprisonment for life and fine
of 10,000/- under Section 120-B IPC; rigorous
imprisonment for three years and fine of Rs.5,000/-
under Section 201 of IPC.
2. According to the prosecution, the convict-
applicant was the person who was driving the vehicle
on which the deceased, namely, Mohanlal was
abducted by Kamla alongwith Shankalal.
3. The case of the prosecution is based on
circumstantial evidence of last seen together theory.
4. PW-8 and PW-15 are the witnesses who claimed in
the Court that they found the accused persons in the
company of Mohanlal on the evening of 3rd July 2017
and, thereafter, Mohanlal was not seen alives.
5. Mr. C. S. Ojha, the learned Public Prosecutor
opposing this suspension of sentence application
submits that the present convict-applicant is not
entitled for suspension of sentence particularly in
view of the findings recorded by the Sessions Court.
6. The convict-applicant has remained in custody
for more than seven years and six months.
7. This is the prosecution case that Kamla was
found quarreling with Mohanlal on the date of the
occurrence. This is also indisputed that the convict-
applicant Hajari Lal had no previous enmity with
Mohanlal. Having found from the materials on record
that the present convict-applicant was the person
who was driving the vehicle and except that any
other circumstance has not been proved against him
nor the fact that he had past criminal history, we
have formed an opinion that the convict-applicant is
entitled for suspension of sentence awarded to him in
Sessions Case no. 202 of 2017.
8. Accordingly, D.B. Criminal Misc Suspension Of
Sentence Application (Appeal) No. 1402 of 2024 is
allowed and it is ordered that the substantive
sentence awarded to the convict-applicant Hajari Lal
son of Mangi Lal shall remain suspended till final(Downloaded on 08/04/2025 at 10:48:03 PM)
[2025:RJ-JD:18021-DB] (3 of 5) [SOSA-118/2025]disposal of D.B. Criminal Appeal no. 233 of 2023 and
he shall be released on bail, upon furnishing a
personal bond in the sum of Rs.50,000/- with two
sureties of Rs.25,000/- each to the satisfaction of the
learned trial Judge. He would appear in this Court on
10 January 2025 and whenever ordered to do so, till
disposal of the appeal on the conditions indicated
below:-
1. That he will appear before the trial
Court in the month of January every year
till the appeal is decided.
2. 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.
3. Similarly, if the sureties change
their address(s), they will give in writing
their changed address to the trial Court.
9. The learned trial Court shall keep the record of
attendance of the accused-applicants in a separate
file. Such file be registered as Criminal Misc. Case
related to original case in which the accused
applicants were 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 purposes relating to pendency
and disposal of cases in the trial Court. In case the
accused applicants fail to appear before the trial
Court, the learned trial Judge shall report the matter
to the High Court for cancellation of bail.”
3.1 Learned counsel further submits that upon examining the
testimonies of PW-8 and PW-15, regarding the last scene, the
roles of Hajari Lal and the present appellant-applicant is almost on
the same pedestal. He further contends that on the date of the
incident, it was Kamla who was engaged in a quarrel with Mohan
Lal, and thus, the record does not indicate any kind of previous
animosity.
4. Learned Public Prosecutor opposes the application for
suspension of sentence, but he is unable to refute the submissions
regarding the testimonies of PW-8 and PW-15. He also admits that
the applicant-appellant Shankar Lal is at par with the accused
already released on suspension of sentence application i.e. Hajari
Lal. He also confirms that the appellant-applicant is in custody
since 07.07.2017, which is more than 07 years.
5. This Court, on a conjoint consideration of the fact of the
prolonged custody, the grant of suspension of sentence application
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[2025:RJ-JD:18021-DB] (4 of 5) [SOSA-118/2025]
to the co-accused Hajari Lal, the statement of PW-8 & PW-15, is
inclined to suspend the suspension of sentence application.
6. Accordingly, the instant application for suspension of
sentence filed under Section 389 Cr.P.C. is allowed and it is
ordered that substantive sentence passed by learned Additional
Sessions Judge No.1, Chittorgarh in Sessions Case No.202/2017,
against the appellant-applicant, namely, Shankar Lal S/o
Panna Lal Jat, 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.50,000/- with two
sureties of Rs.25,000/- each to the satisfaction of learned trial
Judge for his appearance in this court on 12.05.2025 and
whenever ordered to do so till the disposal of the appeal on the
conditions indicated below:
1. That he will appear before the trial court in the
month of January of every year till the appeal is
decided.
2. That if the applicant change 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.
3. Similarly, if the sureties change their address(s)
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 relating 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 been taken into account for statistical purpose relating to
pendency and disposal of the cases in the trial court. In case the
(Downloaded on 08/04/2025 at 10:48:03 PM)
[2025:RJ-JD:18021-DB] (5 of 5) [SOSA-118/2025]
said accused-applicant does not appear before the trial court,
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(SANDEEP SHAH),J (DR.PUSHPENDRA SINGH BHATI),J
26-devrajP/-
(Downloaded on 08/04/2025 at 10:48:03 PM)
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