This is a single judge criminal stay application filed under Section 482 Cr.P.C. seeking suspension of a conviction and sentence for offences under Sections 302 and 201 IPC. The court stayed the conviction during the appeal pending.
Stay of the conviction recorded in Sessions Case No. 51/2018 during the pendency of the appeal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2025:RJ-JP:49094-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D.B. Criminal Misc. Stay Application No. 554/2024
in
D.B. Criminal Appeal (Db) No. 119/2023
Kaluram @ Kadu Son Of Gangaram, Aged About 41 Years, Resident Of Tond, Earlier Posted As Secretary Gram Panchayat Sankada, Panchayat Samiti Bonli, District Sawai Madhopur (Rajasthan) (Presently Confined In Central Jail, Sevar, District Bharatpur )
----Applicant
Versus
State Of Rajasthan, Through P.P
----Respondent
| For Applicant | : Mr. Rahul Sharma Mr. Uttkarsh Goyal |
|---|---|
| For Respondent(s) | : Mr. Sudesh Kumar Saini, PP |
| Ms. Anisha Yadav | |
| Mr. Dharmendra Kumar |
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL HON'BLE MR. JUSTICE BHUWAN GOYAL
Order
03/12/2025
[2025:RJ-JP:49094-DB]
[CRLAD-119/2023]
(2 of 3)
seen’ i.e. S/Shri Shokeen Meena (PW-1) and Pappu Meena (PW-2) have turned hostile and the deposition of the remaining prosecution witnesses such as S/Shri Ram Lal (PW-3), Mahendra Meena (PW-4), Ramdhan Meena (PW-5), Deshraj (PW-6), Sanwalram (PW-8) and Smt. Kamli (PW-7) is based on hearsay evidence as also held by learned trial Court itself vide its judgment impugned dated 04.05.2023. He further contends that the prosecution has neither been able to establish any motive, nor any weapon of offence has been recovered at his instance. Learned counsel submits that the applicant’s suspension of sentence application has already been allowed by a Co-ordinate Bench of this Court vide order dated 01.06.2023. Inviting attention of this Court towards the order dated 10.06.2023 (Annexure-MA/1) passed by the Development Officer, Panchayat Samiti, Mlarana Dungar, he submits that on account of his conviction under Section 302 IPC vide judgment impugned, he-a Village Development Officer, has been suspended from service. He submits that, since, his conviction vide judgment impugned dated 04.05.2023 is adversely affecting his service career, it may be stayed during pendency of the appeal.
[2025:RJ-JP:49094-DB]
[CRLAD-119/2023]
(3 of 3)
applicant recorded by learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Sawai Madhopur in Sessions Case No. 51/2018 (04/2018) till pendency of the appeal.
(BHUWAN GOYAL),J
(MAHENDAR KUMAR GOYAL),J
Ritu/11
2 issues framed by the court
Whether the conviction recorded in the impugned judgment should be stayed during the pendency of the appeal.
Whether hostile prosecution witnesses and hearsay evidence justify staying the conviction.
2 provisions across 2 enactments
Kaluram @ Kadu
State Of Rajasthan
Mahendar Kumar Goyal
Bhuvan Goyal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
