Balchand S/O Shri Jailal vs State Of Rajasthan … on 4 March, 2025

Rajasthan High Court – Jaipur

Balchand S/O Shri Jailal vs State Of Rajasthan … on 4 March, 2025

Bench: Manindra Mohan Shrivastava, Bhuwan Goyal

[2025:RJ-JP:9413-DB]

           HIGH COURT OF JUDICATURE FOR RAJASTHAN
                       BENCH AT JAIPUR

      D.B. Criminal Misc. 4th Suspension Of Sentence Application No.
                                      2088/2024
                                             In
                       D.B. Criminal Appeal No.2123/2017
1.       Balchand S/o Shri Jailal, R/o Hathona, Chechat District Kota
         (Raj)
2.       Mahaveer @ Bula S/o Shri Balchand @ Bala, R/o Hathona,
         Chechat District Kota (Raj)
         (At Present Both Are Serving Sentence In Open Air Camp
         Jhalawar)
                                                                        ----Petitioners
                                          Versus
State Of Rajasthan, Through P.P
                                                                       ----Respondent

For Petitioner(s)              :    Mr. Govind Prasad Rawat
For Respondent(s)              :    Mr. Rajesh Chaudhary, GA-cum-AAG
                                    assisted by Mr. Gaurav Gupta &
                                    Mr. Vikash Sharma
                                    Mr. Dinesh Kumar Garg for Complainant

HON’BLE THE CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA
HON’BLE MR. JUSTICE BHUWAN GOYAL
Order
04/03/2025

1. Heard on fourth application for suspension of sentence and grant

of bail to the appellants namely, Balchand S/o Shri Jailal & Mahaveer @

Bula S/o Shri Balchand @ Bala.

2. Learned counsel for the appellants would argue that even though

the appellants’ jail sentence with benefits of remission has exceeded 12

years by now, the appeal has not been heard. He would submit that

though the case was directed to be listed on 15.01.2024, it was not

taken up for hearing. He would further submit that present is not a

case of extraordinary or extenuating circumstances that despite such a

long period of jail sentence having undergone by the appellants, the

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application should be rejected only on that ground. Therefore, when the

appeal is not being heard finally, the application may be allowed.

3. On the other hand, learned GA-cum-AAG opposed the application

for suspension of sentence and grant of bail and would submit that

earlier applications were considered and rejected on merits. He would

submit that the case was directed to be listed for final hearing on

15.01.2024. If for some reason, hearing could not take place, that does

not entitle the appellants to get benefit. He would submit that present

is a case of commission of offence under Section 302 IPC and the

prosecution case not only rests on eye-witness account, but also

corroborating circumstantial evidence.

4. True it is that earlier the applications for grant of bail were

rejected. However, even though, the case was directed to be listed for

final hearing on 15.01.2024, there is nothing in the order-sheet to

show that the case was listed on that date for final hearing.

5. Submission of learned State Counsel that because of the filing of

the application for suspension of sentence, the case could not be taken

up for final hearing, is not a blame to be laid on the appellants for delay

in final hearing of the appeal.

6. The Hon’ble Supreme Court in the case of Saudan Singh Vs.

State of Uttar Pradesh [Criminal Appeal No.308/2022 (SLP)

(Crl.) No.4633/2021, decided on 25.02.2022] has observed as

under:-

“The second category of cases can be one where the
person has served out more than 10 years of sentence.
In these cases also at one go bail can be granted unless
there are any extenuating circumstances against him”

Present is not a case of extenuating circumstances against the

appellants in the sense that it could be categorized as a case of

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exceptional nature. The incident is of assault and death has taken place

on account of one single lacerated wound on the head.

7. We further find that including the benefit of remission, the

appellants have undergone now 12 years of jail sentence and they may

also be entitled to remission and release in near future, may be within

two years.

8. Taking into consideration the totality of the circumstances and the

ground that the appellants have undergone substantial part of their jail

sentence, appeal having remained pending without decision, we are

inclined to allow the application for suspension of sentence.

9. Accordingly, fourth application for suspension of sentence and

grant of bail is allowed. It is directed that the substantive jail sentence

awarded to the appellants namely, (1) Balchand S/o Shri Jailal & (2)

Mahaveer @ Bula S/o Shri Balchand @ Bala shall remain suspended

and they shall be released on bail on furnishing a personal bond of

Rs.50,000/- along with one surety of the like amount by each of the

appellants to the satisfaction of the concerned Trial Court, for their

appearance before the concerned Trial Court on 24.03.2025 and on all

such further dates as may be directed by the said Court, interval being

not less than six months, during the pendency of this appeal.

(BHUWAN GOYAL),J (MANINDRA MOHAN SHRIVASTAVA),CJ
SANJAY KUMAWAT/RAJAT/26

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