Rajasthan High Court – Jodhpur
Ganga Bishan Alias Chunni Lal vs State Of Rajasthan on 28 July, 2025
Author: Farjand Ali
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Suspension of Sentence Application
No.1387/2025
in
S.B. Criminal Appeal (Sb) No. 1848/2025
1. Ganga Bishan Alias Chunni Lal S/o Dhan Raj, Aged About
42 Years, R/o Bandhala, P.s. Panchu, District Bikaner
(Raj.). (Presently Lodged Sub Jail Nokha)
2. Bhagwana Ram S/o Dhan Raj, Aged About 54 Years, Both
R/o Bandhala, P.s. Panchu, District Bikaner (Raj.).
(Presently Lodged Sub Jail Nokha)
----Appellants
Versus
State Of Rajasthan, Pp
----Respondent
For Appellant(s) : Mr. Amit Gaur
Mr. Sameer Khan
For Respondent(s) : Mr. Surendra Bishnoi, AGA
Mr. S.K. Poonia, for the complainant
HON'BLE MR. JUSTICE FARJAND ALI
Order
28/07/2025
1. The instant application for suspension of sentence under
Section 430 of the BNSS has been moved on behalf of the
appellant-applicants in the matter of judgment of conviction and
order of sentence dated 15.07.2025 passed by the learned
Additional Sessions Judge, Nokha, District Bikaner in Sessions
Case No.275/2022 whereby they have been convicted for the
offences under Sections 307/149, 324/149, 147, 323/149,
341/149 and 148 of the IPC and have been awarded the
maximum sentence of 7 years’ simple imprisonment for the
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offence under Section 307/149 and lesser sentences for the other
offences.
2. It is contended by the learned counsel for the appellants that
the learned trial Judge has not appreciated the correct, legal and
factual aspects of the matter and thus, reached at an erroneous
conclusion of guilt, therefore, the same is required to be
appreciated again by this court being the first appellate Court. The
appellants have strong arguable case in his favour. Hearing of the
appeal is likely to take long time, therefore, the application for
suspension of sentence may be granted.
3. Per contra, learned public prosecutor as well as learned
counsel for the complainant has vehemently opposed the prayer
made by learned counsel for the accused-applicants for releasing
the appellant on application for suspension of sentence.
4. Heard learned counsel for the parties and perused the
material available on record.
5. Present one is a case where cross FIRs were registered and
each party claimed that the other one was the aggressor. There is
substance in the submission made by the learned counsel for the
appellants that the evidence against the appellants is deficit in
nature. He has pointed out number of procedural discrepancies
in the prosecution case. Being the first appellate court, when the
appeal has been admitted, this court is duty bound to make a
critical legal and factual appreciation of the material brought on
record. There is no likelihood of hearing of the appeal on an early
date. Co-accused Jagmal Ram, Narsi Ram, Basti Ram, Arjun Ram
and Banwari Lal have been enlarged on bail by this court vide
order dated 23.07.2025. Thus, considering the submissions
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advanced at bar, grounds raised in the memo of appeal and
looking to the totality of facts and circumstances of the case, while
refraining from passing any comments on the niceties of the
matter and the defects of the prosecution as the same may put an
adverse effect on hearing of the appeal, this court is of the opinion
that it is a fit case for suspending the sentence awarded to the
accused-appellants.
6. Accordingly, the application for suspension of sentence filed
under Section 430 of the BNSS is allowed and it is ordered that
the sentence passed by learned trial court, details of which are
mentioned in opening para of this order, against the appellant-
applicants named above shall remain suspended till final disposal
of the aforesaid appeal and they shall be released on bail provided
each of them executes 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 for his appearance in this court on 28.08.2025
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 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.
7. The learned trial Court shall keep the record of attendance of
the accused-applicant in a separate file. Such file be registered as
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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.
(FARJAND ALI),J
157-Pramod/-
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