Citation : 2025 Latest Caselaw 17257 Raj
Judgement Date : 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).
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[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:-
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[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//-
(Uploaded on 18/12/2025 at 07:23:58 PM)
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