Rajasthan High Court - Jodhpur
Rajesh Sharma vs State Of Rajasthan (2025:Rj-Jd:54969) on 18 December, 2025
[2025:RJ-JD:54969]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 1632/2025
Rajesh Sharma S/o Shantilal Sharma, Aged About 52 Years,
Resident Of E-7, Near Tempo Stand, Bapunagar, District Bhilwara
(Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Rajkumar S/o Nandlal Khatik, Resident Of Purani
Dhanmandi, Holika Than, P.s. Bheemganj, District
Bhilwara (Raj.).
----Respondents
For Petitioner(s) : Mr. Vishal Sharma.
Mr. Robin
For Respondent(s) : Mr. Surendra Bishnoi, PP.
Mr. Arjun Singh Rathore for R/2.
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order 18/12/2025 S.B. Criminal Revision Petition No. 1632/2025 :
Mr. Arjun Singh Rathore, learned counsel has appeared on behalf of respondent No. 2. Service is, therefore, complete.
Heard learned counsel for the parties on the application under Section 5 of the Limitation Act.
For the reasons stated therein, the application is allowed.
The delay in filing the revision petition is hereby condoned.
Admit.
Call for the record.
S.B. Criminal Misc. Application for Suspension of Sentence (Revision) No. 375/2025 :
Heard learned counsel for the parties on the application for Suspension of Sentence (Revision).
(Uploaded on 18/12/2025 at 07:23:58 PM) (Downloaded on 18/12/2025 at 09:05:09 PM) [2025:RJ-JD:54969] (2 of 3) [CRLR-1632/2025] Learned counsel for the petitioner submits that accused- petitioner has been falsely implicated in this case. He further submits that hearing of criminal revision petition will take significantly long time, therefore, application of suspension of sentence (revision) may be allowed.
Learned Public Prosecutor has opposed application for suspension of sentence.
Having regard to the facts and circumstances of the case so also the facts and grounds raised in the instant petition and considering the fact that hearing of the revision petition, preferred by the petitioner against the impugned judgment, will take sufficient time, this Court considers it just and proper to suspend the sentence awarded to the accused-petitioner.
Accordingly, present application for suspension of sentence is allowed and it is ordered that sentence passed by learned Special Judicial Magistrate (NI ACT Cases) No.3, District Bhilwara in Criminal Regular Case No.2424/2016 vide judgment dated 05.07.2023 and affirmed by learned District and Sessions Judge, Bhilwara vide judgment dated 06.06.2024 passed in Cr. Appeal No.149/2023 against accused-petitioner - Rajesh Sharma S/o Shantilal Sharma, shall remain suspended, till final disposal of the aforesaid revision and he shall be released on bail, provided he executes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each of to the satisfaction of the learned trial Judge for his appearance in this court on 19.01.2026 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-
(Uploaded on 18/12/2025 at 07:23:58 PM) (Downloaded on 18/12/2025 at 09:05:09 PM) [2025:RJ-JD:54969] (3 of 3) [CRLR-1632/2025]
1. That he/they will appear before the trial Court in the month of January of every year till the petition is decided.
2. That if the petitioner changes the place of residence, he/they will give in writing his/their changed address to the trial Court as well as to the counsel in the High Court.
3. Similarly, if the sureties change their address, they will give in writing their changed address to the trial Court.
4. Petitioner shall deposit 50% of the cheque amount before the learned trial Court within a period of 30 days from the date of his release, which shall be disbursed immediately to the respondent No.2/complainant.
The learned trial Court shall keep the record of attendance of the accused-petitioner in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused- petitioner 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 cases in the trial Court. In case the said accused-petitioner does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.
(MUKESH RAJPUROHIT),J 132-/Jitender//-
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