Rajasthan High Court
SOSA/887/2025 of KALUA S/O SHRI RAMJEET Vs STATE OF RAJASTHAN on 29 July 2026
JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc. Suspension Of Sentence Application No. 887/2025 CNR: RJHC020315922025 | URN: SOSA / 1704U / 2025 In D.B. Criminal Appeal No. 202/2025 Kalua S/o Shri Ramjeet, R/o Village Sarkoriya P.S. Iglas District Aligarh, Uttar Pradesh (At Present
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Criminal Misc. Suspension Of Sentence Application No.
887/2025
CNR: RJHC020315922025 | URN: SOSA / 1704U / 2025
In
D.B. Criminal Appeal No. 202/2025
Kalua S/o Shri Ramjeet, R/o Village Sarkoriya P.S. Iglas District Aligarh, Uttar Pradesh (At Present In Central Jail Bharatpur)
----accused-applicant
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s)
:
Ms. Sonia Shandilya with
Ms. Laveena Agarwal
Mr. Aditya Vyas
For Respondent(s)
:
Mr. Rhishi Raj Singh Rathore, PP with
Mr. Vinod Kumar Sharma
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
HON'BLE MR. JUSTICE RAVI CHIRANIA
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Order
29/07/2026 This suspension of sentence application under Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the accused-applicant (for brevity, “the applicant”) alongwith the appeal. The applicant has been convicted and sentenced by the learned Additional District and Sessions Judge, Deeg, District Bharatpur (for short, ‘the learned trial Court’) vide judgment dated 21.12.2024 passed in Sessions Case No.03/2022 (CIS No. 04/2022) as under:-
(2 of 4) [SOSA-887/2025]
1. Under Section 302 IPC: Life imprisonment and fine of ₹20,000/-; in default whereof, three months' additional rigorous imprisonment.
2. Under Section 201 IPC: Three years' rigorous imprisonment and fine of ₹5000/-; in default whereof, one month’s additional rigorous imprisonment. Learned counsel for the applicant submits that co-accused Bantu has already been extended benefit of suspension of sentence awarded to him by a Co-ordinate Bench of this Court vide order dated 28.08.2025; mainly on the premise that he is not named in the FIR which was lodged with a delay of more than two months, the dead body was not recovered, the DNA report was found to be negative and he had already served the sentence for a period of almost four months with no possibility of hearing of the appeal in near future and his case stands on similar footing except that he has been named in the FIR. She submits that since, the case is based on circumstantial evidence, nothing turns out against him only on account of his name appearing in the FIR. She, therefore, prays that the application be allowed. Although, learned Public Prosecutor opposed the prayer but, could not dispute that case of the applicant is not distinguishable from the case of co-accused Bantu whose suspension of sentence application was allowed by a Co-ordinate Bench of this Court vide order dated 28.08.2025 except name of the applicant having figured in the FIR. Heard. Considered.
(3 of 4) [SOSA-887/2025] From the material on record, we find that the only distinguishable feature in the case of applicant vis-a-vis the case of co-accused Bantu is name of the applicant appearing in the FIR. However, the evidence on record reflects that nothing turns out against him on that premise and the circumstantial evidence found to be proved against both the accused, is common. In view thereof, we deem it just and proper to allow the suspension of sentence on parity. Resultantly, the suspension of sentence application is allowed. Substantive sentences awarded to the applicant Kalua S/o Shri Ramjeet by the learned trial Court vide judgment dated 21.12.2024 shall remain suspended during pendency of the appeal and he shall be released on bail provided he furnishes bail bonds to the satisfaction of the learned trial Court to the effect that he shall appear before this Court on 31.08.2026 and as and when called upon to do so till disposal of the appeal and subject to the following conditions:-
1. That he will appear before the learned 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 learned trial Court as well as to their learned counsel in the High Court who shall, in turn, inform this Court.
3. Similarly, if the sureties change their address(es), they will give in writing their changed address to the learned trial Court. The learned trial Court shall keep the record of attendance of the accused-applicant in a separate file(s). Such file(s) be registered as Criminal Misc. Case relating to original case in which
(4 of 4) [SOSA-887/2025] 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 the cases in the learned trial Court. In case, the said accused-applicant does not appear before the learned trial Court, the learned trial Judge shall report the matter to the High Court for cancellation of benefit extended by this order. (RAVI CHIRANIA),J (MAHENDAR KUMAR GOYAL),J 18/RAHUL KUMAR