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[2026:RJ-JD:5537-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

D.B. Criminal Misc Suspension Of Sentence Application (Appeal)

No. 170/2026

Ram Lal S/o Bhera Ram, Aged About 25 Years, R/o Village

Lachadsar, Tehsil Ratangarh, District Churu. (Raj.) (Lodged At

Sub Jail, Jhunjhunu.)

----Petitioner

Versus

State Of Rajasthan, Through P.p

----Respondent

For Petitioner(s) : Mr. J.S. Choudhary, Sr. Advocate with

Mr. Pradeep Choudhary and

Ms. Saumya Choudhary

For Respondent(s) : Mr. S.S. Rathore, PP

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

HON'BLE MR. JUSTICE CHANDRA SHEKHAR SHARMA

Order

30/01/2026

1. The appellant-applicant herein has been convicted and

sentenced as below vide judgment dated 20.12.2016 passed by

the learned Additional Sessions Judge, Ratangarh, District Churu

in Sessions Case No.08/2015:

Offence Sentence Fine

302 IPC Life imprisonment Rs.5,000/- in default of

payment further to undergo

two months’ simple

imprisonment

364 IPC Seven years’ Rs.3,000/- in default of

rigorous payment further to undergo

imprisonment one month’s simple

imprisonment

201 IPC Three years’ Rs.1,000/- in default of

rigorous payment further to undergo

imprisonment fifteen days’ simple

imprisonment

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2. The appellant-applicant has have preferred the second

application for suspension of sentence under Section 389 Cr.P.C.

during the pendency of the appeal and for release on bail.

3. The only plea raised by learned counsel for the appellant-

applicant is that as the applicant is in custody for more than 10

years and there is no chance of hearing of the appeal in near

future, thus, in view of the directions of the Hon’ble Supreme

Court dated 15.09.2022 in Sonadhar v. The State of

Chhattisgarh : SLP (Crl.) No.529/2021, the sentence of the

applicant be suspended and he be enlarged on bail.

4. Further submissions have been made that there are no

reasons and / or extenuating circumstances for denial of bail.

Submissions have also been made with reference to order dated

05.10.2021 in Saudan Singh v. The State of Uttar Pradesh :

SLP (Crl.) No.4633/2021, wherein also observations have been

made regarding grant of bail in the appeal at the High Court stage

except certain exceptions and that none of the exceptions are

applicable in the present case.

5. Learned Public Prosecutor opposed the application for

suspension of sentence. However, he has not denied that the

appellant-applicant has already undergone sentence of more than

10 years during trial and after sentence.

6. We have considered the submissions made by learned

counsel for the parties and have perused the material available on

record.

7. Looking to the fact that criminal appeal pertaining to year

2017 are pending for hearing, there is no likelihood of hearing of

the present appeal in near future.

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8. The Hon’ble Supreme Court in the case of Sonadhar

(supra), while dealing with SMW (Crl.) No.4/2021 pertaining to

‘life convicts in jail whose appeals are pending before the High

Court’ inter-alia, issued the following directions :-

“We consider appropriate to issue directions in terms of

the aforesaid suggestions to the Patna High Court and

on a pari materia basis to even the other High Courts.

However, in order to carry out this exercise, the data

would have to be compiled of such of the persons who

have been in custody for more than 10 years and more

than 14 years, with these persons being considered for

grant of bail pending appeal, if there is no chance of

hearing of the appeal in the near future, unless there are

reasons for denial of bail. We can understand if any of

the parties is delaying the appeal itself but short of that,

we are of the view that all persons who have completed

10 years of sentence and appeal is not in proximity of

hearing with no extenuating circumstances should be

enlarged on bai