Rajasthan High Court – Jodhpur
Kapuraram vs State Of Rajasthan (2025:Rj-Jd:31710) on 18 July, 2025
Author: Farjand Ali
Bench: Farjand Ali
[2025:RJ-JD:31710]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1322/2025
IN
S.B. Criminal Appeal NO.1449/2024
Kapuraram S/o Devaram, Aged About 33 Years, R/o Meghwal
Bas, Mohabbatnagar, Police Station Kalandri, Dist. Sirohi,
Rajasthan. (Presently Lodged In Dist. Jail, Sirohi/ Transferred To
Central Jail, Jodhpur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Vijay Purohit
For Respondent(s) : Mr. SS Rathore, Dy.G.A.
HON'BLE MR. JUSTICE FARJAND ALI
Order
18/07/2025
1. The instant application for suspension of sentence has been
moved on behalf of the applicant in the matter of judgment
dated 04.09.2024 passed by the learned Sessions Judge,
Sirohi in Sessions Case No.68/2019 (CIS No.68/2019)
whereby he was convicted and sentenced to suffer maximum
imprisonment of 7 years’ S.I. under Section 307 of the IPC
and lesser punishment for the other offences under Sections
326 & 341 of the IPC and Section 4/25 of the Arms Act.
2. It is contended on behalf of the applicant that the learned
trial Judge has not appreciated the correct, legal and factual
aspects of the matter and thus, reached at an erroneous
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conclusion of guilt, therefore, the same is required to be
appreciated again by this Court. 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 has vehemently
opposed the prayer made on behalf of the accused-applicant
for releasing the appellant on application for suspension of
sentence.
4. “Heard learned counsel for the parties, perused the material
available on record, and more particularly the submission of
Veeraram along with his injury report (Exhibit-1).
5. There is merit in the submission of Shri Vijay Purohit, learned
counsel appearing for the appellant-applicant, that the
prosecution has utterly failed to attribute any motive or cause
to infer an intent on the part of the appellant to kill the
victim. Therefore, at best, this could be a case of grievous
injury caused by a cutting or sharp edged weapon, and as
such, it would not travel beyond Section 324 of the IPC. I
have pondered over this issue and find that the prosecution
does not contend about the appellant had a motive to kill the
victim due to any inimical relationship, rather, it appears that
the incident occurred in the heat of the moment, in which he
allegedly inflicted a stab injury is proved to be grievous in
nature. There is no repetition of injuries. Normally, repetition
of injuries may demonstrate intent of the accused. Be that as
it may, the appeal was admitted by this Court one year ago;
however, due to the voluminous pendency, the hearing could
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not take place in the near future, and there is no likelihood of
an early hearing of the appeal. Being the first appellate
forum, this Court owes a duty to make a further appreciation
of the legal and factual aspects of the matter as envisaged
under Section 386 of the Cr.P.C.
6. Considering the submissions of learned counsel for the parties
and looking to the totality of facts and circumstances of the
case, more particularly the facts/fact that the hearing of
appeal is likely to take further more time and considering the
overall submissions 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-
applicant.
7. Accordingly, the application for suspension of sentence filed
under Section 389 Cr.P.C. is allowed and it is ordered that the
sentence passed by learned trial Court, the details of which
are provided in the first para of this order, against the
appellant-applicant named above 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 the learned trial Judge for his appearance in
this court on 18.08.2025 and whenever ordered to do so till
the disposal of the appeal on the conditions indicated below:-
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(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
addresses, they will give in writing their changed
address to the trial Court.
8. 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 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
165-Samvedana/-
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