Rajasthan High Court - Jodhpur
Rajkumar vs Mukesh Kumar (2025:Rj-Jd:10288) on 20 February, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:10288]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Suspension Of Sentence(Revision) No. 65/2025
Rajkumar S/o Bhimraj, Aged About 67 Years, R/o Farason Ka
Bangla, Moti Chowk, Jodhpur, Raj. (At Present Lodged In Central
Jail, Jodhpur)
----Petitioner
Versus
Mukesh Kumar S/o Shri Kailash Chand, R/o 3-A, Jain Colony,
Ratanada, Distt. Jodhpur (Raj.)
----Respondent
For Petitioner(s) : Mr. Devesh Bohra
For Respondent(s) :
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment
20/02/2025
Heard learned counsel for the petitioner and perused the
material available on record.
This is second application for suspension of sentence.
Learned counsel for the petitioner submits that petitioner has
surrendered before the concerned trial court and now he is in
custody since 10.02.2025 and there is no chance of hearing of the
revision in near future, therefore, the substantive sentences of the
petitioner may be suspended and he may be released on bail.
Upon a consideration of the arguments advanced on behalf
of the petitioner and having regard to the facts and circumstances
of the case including the fact that there is no chance of hearing of
the revision in near future, this court is of the opinion that it is a
fit case for suspending the substantive sentences awarded to the
accused petitioner.
[2025:RJ-JD:10288] (2 of 3) [SOSR-65/2025]
Accordingly, the second application for suspension of
sentence filed under Section 438/442 BNSS (Section 389 Cr.P.C.)
is allowed and it is ordered that the substantive sentences passed
by learned Additional Civil Judge & Metropolitan Magistrate No.09,
Jodhpur Metropolitan, District Jodhpur in Criminal Original Case
No.547/2013 vide order dated 12.03.2018 as affirmed by the
learned Additional Session Judge No.4, Jodhpur Metropolitan,
District Jodhpur vide order dated 14.11.2024 in Criminal Appeal
No.170/2018 against the petitioner/applicant - Rajkumar S/o
Shri Bhimraj shall remain suspended till final disposal of the
revision and he shall be released on bail subject to deposit of 50%
of the cheque amount within fifteen days from today before the
trial court, which shall be disbursed immediately to the
respondent/complainant, provided he executes a personal bond in
the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to
the satisfaction of the learned trial Judge for his appearance in this
court on 21.03.2025 and whenever ordered to do so till the
disposal of the revision on the conditions indicated below:-
1. That he/she/they will appear before the trial
Court in the month of January of every year till the
appeal is decided.
2. That if the applicant(s) changes the place of
residence, he/she/they will give in writing
his/her/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(s),
they will give in writing their changed address to
the trial Court.
4. The petitioner shall deposit 50% of the cheque
amount before the trial court, which shall be
disbursed immediately to the
respondent/complainant on an application being
filed. Any amount already deposited by the
[2025:RJ-JD:10288] (3 of 3) [SOSR-65/2025]
petitioner shall be adjusted with the said 50% of
the cheque amount.
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.
(MANOJ KUMAR GARG),J
201-mSingh/-
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