Rajasthan High Court - Jodhpur
Gopal Singh vs State Of Rajasthan (2025:Rj-Jd:46013) on 17 October, 2025
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 1367/2025
Gopal Singh S/o Shri Shankar Singh, Aged About 58 Years, R/o
Jatiji Mohalla, Aamet, Police Station Aamet, District Rajsamand.
(Lodged In Sub Jail, Rajsamand)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. S.P. Sharma
For Respondent(s) : Mr. Prem Singh Panwar, PP
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
17/10/2025
Heard.
Admit. Issue notice.
Call for the record.
Heard on S.B. Criminal Misc. Suspension of Sentence
Application (Revision) No.327/2025.
The instant application seeking suspension of sentence
application under Section 442 of BNSS has been filed by the
petitioner against the judgment of conviction and sentence dated
15.10.2022, passed by the learned Additional Chief Judicial
Magistrate, Rajsamand in Criminal Regular Case No.327/2016, as
affirmed by the learned Special Judge, SC/ST (Prevention of
Atrocities) Cases, Rajsamand vide judgment dated 25.08.2025,
passed in Criminal Appeal No.103/2023.
Learned counsel for the petitioner submits the petitioner was
on bail during the trial and hearing of the revision petition is likely
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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.
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 instant 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, the application being S.B. Criminal Misc.
Suspension of Sentence Application (Revision) No.327/2025.
under Section 442 of BNSS is allowed and it is ordered that the
sentence passed by the learned Additional Chief Judicial
Magistrate, Rajsamand vide judgment dated 15.10.2022 in
Criminal Regular Case No.327/2016, as affirmed by the learned
Special Judge, SC/ST (Prevention of Atrocities) Cases, Rajsamand
vide judgment dated 25.08.2025, passed in Criminal Appeal
No.103/2023 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 18.11.2025 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
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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.
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.
Copy of this order be placed in S.B. Criminal Misc.
Suspension of Sentence Application (Revision) No.327/2025.
(MUKESH RAJPUROHIT),J
335-Ramesh/-
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