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Rajasthan High Court - Jodhpur
Ramesh vs State Of Rajasthan on 8 December, 2025
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 1640/2025
Ramesh S/o Shri Nathu Ninama, Aged About 35 Years, R/o
Barbdiya PS Bhungra District Banswara Rajasthan
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Raghuveer Singh Bhati
For Respondent(s) : Mr. Surendra Bishnoi, PP
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
08/12/2025
Heard.
Admit. Issue notice.
Call for the record.
Heard on S.B. Criminal Misc. Suspension of Sentence
Application No.379/2025.
The instant application for suspension of sentence has been
filed by the petitioner under Section 438/442 of BNSS (U/s
397/401 Cr.P.C) against the judgment of conviction and sentence
dated 10.01.2020, passed by the learned Additional Chief Judicial
Magistrate, Ghatol, Banswara in Criminal Regular Case
No.141/2006, as affirmed by the learned Additional Sessions
Judge, Banswara vide judgment dated 28.11.2025, passed in
Criminal Appeal No.14/2020.
Learned counsel for the petitioner submits the petitioner was
on bail during the trial and hearing of the revision petition is likely
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to take a significant time. Therefore, the sentence awarded to the
petitioner may be suspended.
Per contra, learned Public Prosecutor has vehemently
opposed the prayer of the petitioner.
Heard learned counsel for the petitioner and the learned
Public Prosecutor. Perused the material available on record.
Having regard to the facts and circumstances of the case so
also the fact that the hearing of the instant revision petition,
preferred by the petitioner against the impugned judgment will
take sufficient time, I consider it just and proper to suspend the
sentence awarded to the accused-petitioner.
Accordingly, the application for suspension of sentence is
allowed and it is ordered that the sentence passed by the learned
Additional Chief Judicial Magistrate, Ghatol, Banswara vide
judgment dated 10.01.2020 in Criminal Regular Case
No.141/2006, as affirmed by the learned Additional Sessions
Judge, Banswara vide judgment dated 28.11.2025, passed in
Criminal Appeal No.14/2020 shall remain suspended till final
disposal of the aforesaid revision petition and the petitioner 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 on 08.01.2026 and whenever ordered to do so, till the
disposal of the petition on the conditions indicated below:-
1. That petitioner 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 will give in writing his changed
address to the trial Court as well as to the counsel
in the High Court.
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3. Similarly, if the sureties change their address,
they will give in writing their changed address to
the trial Court.
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
16-Ramesh/-
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