Citation : 2025 Latest Caselaw 17275 Raj
Judgement Date : 18 December, 2025
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Application For Suspension of Sentence
No.10424/2025
In
S.B. Criminal Revision Petition No.1569/2025
Raju S/o Bholuram Godputra Mangilal Khatik, Aged About 42
Years, Resident Of Panchmukhi Hanuman Colony, Dadawadi,
Bhilwara, Police Station Bhimganj, District Bhilwara, Rajasthan.
[presently Lodged At District Jail Rajsamand]
----Petitioner
Versus
1.State Of Rajasthan, Through Public Prosecutor.
2. Suresh Datt Sharma S/o Kalytan Datt Sharma, Residentof
H.No.3/54, Saket Nagar, Beawar, currently residing at Police
Station Bhim, District Rajsamand, Rajasthan.
----Respondent
For Petitioner(s) : Mr. Prakash Banjara.
For Respondent(s) : Mr. Surendra Bishnoi, PP.
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
18/12/2025
Heard learned counsel for the parties on the application for
Suspension of Sentence (Revision).
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.
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(2 of 3) [RSTAY-10424/2025]
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
Additional Chief Judicial Magistrate, Bhim, District Rajsamand in
Criminal Original Case No.239/2013 vide judgment dated
03.12.2018 as modified by learned Additional Sessions Judge,
Rajsamand vide judgment dated 20.11.2025 passed in Cr. Appeal
No.16/2021 against accused-petitioner -Raju S/o Bholuram
Godputra Mangilal Khatik, 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:-
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.
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(3 of 3) [RSTAY-10424/2025]
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 133-/Jitender//-
(Uploaded on 18/12/2025 at 07:19:54 PM)
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