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[2026:RJ-JP:11987-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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

No. 1716/2025 In

D.B. Criminal Appeal No.371/2025 1. Raghuvar S/o Bharatsingh,

2. Dablu S/o Mansingh, 3. Ghambhir S/o Diwan Singh,

4. Radhacharan S/o Diwan Singh, 5. Rahish S/o Mansingh,

All above are Residents Of Village Chigga Ka Adda Atirajpura, Police Station Kanchanpur, District Dholpur.) (Presently Accused Appellants Confined In J.C. In District

Jail Dholpur)

----Accused-Appellants Versus

State Of Rajasthan, Through Public Prosecutor ----Respondent

For Petitioner(s) : Mr. Manish Gupta with Ms. Shweta Soni

For Respondent(s) : Mr. Naresh Kumar Gupta, PP Mr. Mohd. Haris for

Mr. Kumud Singh

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL HON'BLE MR. JUSTICE BHUWAN GOYAL

Order

23/03/2026

This suspension of sentence application under Section 430 of

the Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the accused-applicants (for brevity, ‘the applicants’) along with the appeal. The applicants have been convicted and sentenced by the learned Additional Sessions Judge, Badi, District Dholpur (Raj.)

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[2026:RJ-JP:11987-DB] (2 of 4) [SOSA-1716/2025] vide judgement dated 12.08.2025 in Sessions Case (CIS)

No.36/2019 as under:

1. Section 148 IPC: Two years’ simple imprisonment and fine of Rs.2,000/-; in default whereof, three

months’ additional simple imprisonment.

2. Section 323 IPC: One year’s simple imprisonment and fine of Rs.1,000/-; in default whereof, one month’s

additional simple imprisonment.

3. Section 341 IPC: One month’s simple imprisonment and fine of Rs.500/-; in default whereof,

15 days’ additional simple imprisonment.

4. Section 325 IPC: Three years’ simple imprisonment and fine of Rs.5,000/-; in default whereof, six months’

additional simple imprisonment.

5. Section 307 IPC: Seven years’ simple imprisonment and fine of Rs.20,000/-; in default

whereof, one year’s additional simple imprisonment.

6. Section 302 read with Section 149 IPC: Life imprisonment and fine of Rs.50,000/-; in default

whereof, two years’ additional simple imprisonment.

Sentences to run concurrently.

Learned counsel for the applicants submits that no offence

under Section 149 IPC is made out as there was no premeditation of mind. He further submits that since, the fatal injuries are attributed to co-accused-Gabbar, the applicants are entitled for

the benefit of bail.

Inviting attention of this Court towards the testimony of

prosecution witnesses, he submits that none of the applicants had contributed to the death of deceased-Deshraj. He contended that the applicants were on bail during trial and prayed for their

suspension of sentence.

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[2026:RJ-JP:11987-DB] (3 of 4) [SOSA-1716/2025]

Per contra, learned Public Prosecutor, assisted by learned

counsel for the complainant, opposing the submissions, prayed for

dismissal of the application.

Heard. Considered.

A perusal of the judgment impugned and material available

on record reflects that the allegation against the applicants is of constituting an unlawful assembly and committing murder of Deshraj in furtherance of their common object which stands corroborated from the ocular evidence including the testimony of injured eye witnesses namely; Sonu (PW3) and Devendra (PW5). As per the postmortem report of the deceased (Ex.P11), he has received as many as 8 injuries including gun shot wounds, incised wounds and lacerated wounds. There has been recovery of weapons of offence based on disclosure statement made by the

applicants.

Their Lordships have, in the case of Om Prakash Sahni

V/s. Jai Shankar Chaudhary and Another: (2023) 6 SCC 123, after analyzing a number of judicial precedents proceeded to

hold as under:-

“Bearing in mind the aforesaid principles of law, the endeavour on the part of the Court, therefore, should be to see as t