The Rajasthan High Court has allowed suspension of sentence applications filed by four convicts pending their criminal appeals, taking note of the circumstances concerning their individual roles in the case, including the fact that three of the applicants were not charge-sheeted by the investigating agency and were subsequently arrayed as accused under Section 319 CrPC.
A significant consideration recorded by the Court was that although the applicants had been convicted under Section 302 read with Section 149 IPC, the fatal injuries suffered by the deceased were not attributed to any of them. The Court also noted that the applicants had remained on bail during the trial without any allegation of misuse and that hearing of the appeals may take time.
Applicants Were Subsequently Arrayed Under Section 319 CrPC
Three of the applicants had not been charge-sheeted by the investigating agency. They were subsequently arrayed as accused under Section 319 CrPC during the trial. The Court specifically noticed this procedural history while considering the applications for suspension of sentence.
Section 319 CrPC deals with the power of the Court to proceed against a person who is not already an accused where, during the inquiry or trial, it appears from the evidence that such person has committed an offence for which he could be tried together with the accused. In the present order, the fact that the three applicants were brought into the case under Section 319 CrPC was one of the circumstances recorded by the Court.
Fatal Injuries Were Not Attributed to the Applicants
The applicants had been convicted under Section 302/149 IPC, among other provisions. During the hearing, it was submitted that the deceased had suffered six injuries, four of which were simple, while the cause of death was the head injuries. The applicants’ case was that these fatal injuries were not attributed to them.
“Indisputably, the fatal injuries to the deceased-Dinesh have not been attributed to any of the applicants.”
The Court expressly recorded this circumstance while considering whether the sentences should remain suspended during the pendency of the appeals.
No Recovery of the Alleged Weapon
It was also submitted on behalf of two of the applicants that although they were alleged to have been carrying a farsa, no recovery was made from them. In respect of another applicant, the allegation was of inflicting a farsi blow on an injured person, but the injury was found to be simple.
The absence of recovery was a submission advanced on behalf of the applicants. In its concluding reasoning, the Court principally recorded the absence of attribution of the fatal injuries, the fact that three applicants had been arrayed under Section 319 CrPC, their conduct while on bail during trial and the likelihood that the appeals would take time to be heard.
Why the Suspension of Sentence Applications Were Allowed
While considering the applications under Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Court noted that the applicants had been convicted under Section 302 IPC with the aid of Section 149 IPC. It nevertheless took note of the fact that the fatal injuries were not attributed to them.
The Court further recorded that three of the applicants had not been charge-sheeted by the investigating agency but were subsequently arrayed as accused under Section 319 CrPC. It also noted that the applicants had remained on bail during the trial without any allegation of misuse and that hearing of the appeals may take time.
Considering these circumstances, the Court held it just and proper to allow the suspension of sentence applications. The sentences were directed to remain suspended during pendency of the appeals, subject to bail bonds and the conditions imposed by the Court.
Case Details
Case: D.B. Criminal Misc. Suspension of Sentence Application Nos. 1322/2026 and 1207/2026
Counsel for Petitioner: Sr. Adv. R.B. Mathur and Adv. Falak Mathur
