Rajasthan High Court - Jodhpur
Bholaram Agarwal vs State Of Rajasthan on 15 April, 2025
Author: Farjand Ali
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Bail Application No.39/2025
(Suspension of Sentence)
in
S.B. Criminal Revision Petition No. 191/2025
Bholaram Agarwal S/o Hanuman Prasad, Aged About 52 Years,
R/o H.no.84, Kamla Nehru Nagar , Jodhpur, P.s. Pratap Nagar,
Jodhpur
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Kailash Khatri
Mr. Bhuvan Khatri
For Respondent(s) : Mr. Vikram Rajpurohit, Dy.G.A.
HON'BLE MR. JUSTICE FARJAND ALI
Order
15/04/2025
1. The instant application for suspension of sentence has been
moved on behalf of the applicant in the matter of judgment dated
03.01.2020 passed by the learned Add. Chief Metropolitan
Magistrate, Jodhpur in Original Case No.197/2015 whereby he was
convicted and sentenced to suffer maximum imprisonment of
three years under Sections 420, 406 & 120-B of IPC.
2. It is contended on behalf of the applicant that the learned
trial Court as well as appellate Court have not appreciated the
correct, legal and factual aspects of the matter and thus, reached
at an erroneous conclusion of guilt. He further contends that
hearing of the revision is likely to take long time, therefore, the
application for suspension of sentence may be granted.
3. Per contra, learned public prosecutor has vehemently
opposed the prayer made on behalf of the accused-applicant for
releasing the petitioner on application for suspension of sentence.
[2025:RJ-JD:18561] (2 of 3)
4. Heard learned counsel for the parties and perused the
material available on record.
5. Considering the submissions of learned counsel for the
parties and looking to the totality of facts and circumstances of
the case and taking into account the submission, prima facie
evidence of cheating is not made out owing to the deficit nature of
the evidence so also considering the submission that in the case of
present nature, no conviction under Section 420 & 406 of IPC can
be made simultaneously, it is deemed appropriate to allow the
application for SOS more particularly the hearing of revision is
likely to take further more time and considering the overall
submissions while refraining from passing any comments on the
niceties of the matter and the defects of the prosecution as the
same may put an adverse effect on hearing of the revision, this
court is of the opinion that it is a fit case for suspending the
sentence awarded to the accused-petitioner.
6. Accordingly, the application for suspension of sentence filed
under Section 397/401 Cr.P.C. is allowed and it is ordered that the
sentence passed by learned Add. Chief Metropolitan Magistrate,
Jodhpur in Original Case No.197/2015 passed the impugned order
dated 03.01.2020 in Original Case No.197/2015 against the
petitioner-applicant- Bholaram Agarwal S/o Hanuman Prasad shall
remain suspended till final disposal of the aforesaid revision.
7. The petitioner is seriously ailing with the cardiac
problem, therefore he was exempted from surrendering
before the Court. In nature of the present case, he need not
[2025:RJ-JD:18561] (3 of 3)
to surrender before learned trial court and he shall be
released on bail provided he executes a personal bond in the
sum of Rs.50,000/-with two sureties of Rs.25,000/- each to
the satisfaction of the learned trial Judge for his appearance
in this court whenever ordered to do so till the disposal of the
revision on the conditions indicated below:-
(1) That he will appear before the trial Court in the
month of January of every year till the appeal is decided.
(2) That if the applicant changes the place of residence,
he will give in writing his changed address to the trial
Court as well as to the counsel in the High Court.
(3) Similarly, if the sureties change their addresses, they
will give in writing their changed address to the trial
Court.
8. The learned trial Court shall keep the record of attendance of
the accused-applicant in a separate file. Such file be registered as
Criminal Misc. Case related to original case in which the accused-
applicant 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 applicant does not appear before the trial court, the
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(FARJAND ALI),J
116-Chhavi/-
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