Rajasthan High Court - Jodhpur
Pintu vs State Of Rajasthan (2025:Rj-Jd:45349) on 15 October, 2025
[2025:RJ-JD:45349]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Suspension Of Sentence(Revision) No. 277/2025
in
S.B. Criminal Revision Petition No.1115/2025
Pintu S/o Nanda Meena, Aged About 35 Years, Resident Of
Panadiya PS Pratapgarh District Pratapgarh Raj
(Lodged In Central Jail Udaipur)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Shambhoo Singh
For Respondent(s) : Mr. Hathi Singh Jodha, PP
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
15/10/2025
This suspension of sentence application under Section 438(1)
of B.N.S.S./397(1) of Cr.P.C. has been filed against the judgment
of conviction and sentence dated 19.10.2020, passed by the
learned Additional Chief Judicial Magistrate, Arnod in Criminal
Regular Case No.181/2017, as affirmed by the learned Sessions
Judge, Pratapgarh vide judgment dated 01.08.2025, passed in
Criminal Appeal No.76/2020.
Learned counsel for the petitioner submits the petitioner was
on bail during the trial and hearing of the revision petition is likely
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.
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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 facts that the hearing of the revision petition, preferred
by the petitioner against the impugned judgment shall take
sufficient time, I consider it just and proper to suspend the
sentence awarded to the accused-petitioner.
Accordingly, this application for suspension of sentence
under Section 438(1) of B.N.S.S./397(1) of Cr.P.C. is allowed and
it is ordered that the sentence passed by the learned Additional
Chief Judicial Magistrate, Arnod in Criminal Regular Case
No.181/2017 vide judgment dated 19.10.2020 in Criminal Regular
Case No.181/2017, as affirmed by the learned Sessions Judge,
Pratapgarh vide judgment dated 01.08.2025, passed in Criminal
Appeal No.76/2020 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 17.11.2025 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.
3. Similarly, if the sureties change their address,
they will give in writing their changed address to
the trial Court.
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[2025:RJ-JD:45349] (3 of 3) [SOSR-277/2025]
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
370-Ramesh/-
(Uploaded on 16/10/2025 at 09:03:00 AM)
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