Rajasthan High Court - Jodhpur
Ravikant vs State Of Rajasthan ... on 25 February, 2025
Bench: Pushpendra Singh Bhati, Rekha Borana
[2025:RJ-JD:11006-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 387/2025
IN
D.B. Criminal Appeal No.79/2025
Ravikant S/o Mangi Lal, Aged About 30 Years, Dammani Chowk,
P.s. Naya Shahar, Bikaner. (Lodged At Central Jail, Bikaner)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Jagmal Singh Choudhary, Sr. Adv.
assisted by Mr. Pradeep Choudhary.
For Respondent(s) : Mr. Deepak Choudhary, AAG
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
HON'BLE MS. JUSTICE REKHA BORANA
Order
25/02/2025
1. The instant criminal misc. interim suspension of sentence
application (appeal) under Section 374(2) Cr.P.C./415 of B.N.S.S.
has been filed on behalf of the applicant-appellant with a prayer
that his sentence awarded by the learned Additional Sessions
Judge No.7, Bikaner (hereinafter to be referred as 'the trial court')
vide order dated 13.02.2025 passed in Sessions Case No.21/2020
may temporarily be suspended to enable him to participate in
ensuing LL.B. Third Year Supplementary Examination, 2023-
24, scheduled to be held from 01.03.2025 to 24.03.2025.
2. Mr. Jagmal Singh Choudhary, learned Senior Counsel assisted
by Mr. Pradeep Choudhary, appearing on behalf of the applicant-
[2025:RJ-JD:11006-DB] (2 of 4) [SOSA-387/2025]
appellant submits that earlier also, vide order dated 19.01.2018,
this Hon'ble Court has granted bail to the present appellant in
S.B. Criminal Misc. Bail No.8835/2017 (Ravikant vs. The
State of Rajasthan). The order dated 19.01.2018 is reproduced
hereunder:
"Accused-petitioner has preferred this second bail application
arising out of CR No.312/2016 of Police Station Naya Shahar,
Bikaner, wherein he is charged for offences punishable under
Section 302 IPC and Section 4/25 of the Arms Act.
The first bail application on behalf of petitioner bearing
No.11496/2016 was dismissed as not pressed on 15.02.2017 as
investigation at the relevant point of time was in vogue.
Arguing on this second bail application, it is submitted by
learned Senior Counsel that now after completion of investigation,
charge-sheet in the matter has been filed. Learned counsel has
further submitted that there was trivial scuffle between petitioner
and Daudayal and during that scuffle aggression was shown by
both of them and therefore there was no intention on the part of
the petitioner to commit murder, much less culpable homicide
amounting to murder. Learned Senior Counsel has further
submitted that there is no other criminal antecedent of the
petitioner and taking into account his prime youth and that he is
under incarceration since 19.08.2016 his second bail application
merits favourable consideration.
Learned Public Prosecutor has opposed the bail application. I
have considered the submissions made at the Bar and also
examined the material change in the circumstances brought to my
notice by learned Senior Counsel for the petitioner.
Having regard to the facts and circumstances of the case,
while refraining to make any comment on merits of the case, I
deem it just and appropriate to grant indulgence to the petitioner
by enlarging him on bail.
Accordingly, this second bail application under Section 439
Cr.P.C. is allowed and it is ordered that accused-petitioner,
Ravikant S/o Mangi Lal, arrested in connection with
F.I.R.No.312/2016, Police Station Naya Shahar, Bikaner, may be
released on bail; provided he furnishes a personal bond of
Rs.50,000/- with two sureties of like amount to the satisfaction of
learned trial Court with the stipulation to appear before that Court
on all dates of hearing and as and when called upon to do so."
2.1 Learned Senior Counsel further submits that the applicant-
appellant is pursuing the degree in LL.B. from Dr. Bhimrao
Ambedkar Law University, Jaipur for Sessions 2023-24. The LL.B.
[2025:RJ-JD:11006-DB] (3 of 4) [SOSA-387/2025]
Third Year Supplementary Examination of the applicant-appellant
is scheduled from 01.03.2025 to 24.03.2025, which is reflected
from the Examination Schedule available on record. Learned
Senior Counsel also submits that the appellant was on bail during
trial.
3. Learned Public Prosecutor though opposes the application for
temporarily suspension of sentence, but verifies the LL.B. Third
Year Supplementary Examination 2023-24 scheduled to be held
from 01.03.2025 to 24.03.2025.
4. Heard learned counsel for the parties on interim suspension
of sentence application and perused the material available on
record.
5. Having considered the totality of facts and circumstances of
the case and looking into the fact that the appellant was on bail
during trial and also that the examination process has been
verified by learned Government Advocate-cum-Additional
Advocate General, this Court deems it appropriate to temporary
suspend the substantive sentence awarded to the accused
applicant-appellant.
6. Accordingly, this interim suspension of sentence application
filed under Section 374(2) Cr.P.C./415 of B.N.S.S. is allowed and it
is ordered that the sentence passed by the learned Additional
Sessions Judge No.7, Bikaner vide judgment dated 13.02.2025 in
Sessions Case No.21/2020 against applicant-appellant - Ravikant
S/o Mangi Lal shall remain suspended from 28.02.2025 to
25.03.2025 and he shall be released on temporary bail for the
[2025:RJ-JD:11006-DB] (4 of 4) [SOSA-387/2025]
said period provided he executes a personal bond in the sum of
Rs.1,00,000/- with two solvent sureties of Rs.50,000/- each to the
satisfaction of the learned trial Judge with the incorporation that
he would surrender before the concerned Jail authority after
completion of his period of temporary suspension of sentence.
7. It is made clear that in any case the applicant-appellant shall
surrender himself before the concerned Jail authority after
completion of his period of temporary suspension of sentence from
the date of his actual release, failing which, the trial court shall
report the matter to this Court.
(REKHA BORANA),J (DR.PUSHPENDRA SINGH BHATI),J
111-KashishS/-
Powered by TCPDF (www.tcpdf.org)
