Rajasthan High Court - Jodhpur
Umashankar vs State Of Rajasthan (2025:Rj-Jd:46125) on 17 October, 2025
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 1283/2025
Umashankar S/o Harpat Rai Tantiya, Aged About 52 Years, R/o
Owner O K Securites Shop No 267 268 Power House Rode
Sriganganagar (Lodged In Jail Sriganganagar)
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Anita W/o Ramesh Kumar Swami, R/o 3 C 30 Jawahar
Nagar Sri Gaanganagar
----Respondents
For Petitioner(s) : Mr. Radheshyam Mankad
For Respondent(s) : Mr. Hathi Singh Jodha, PP
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
17/10/2025
Heard.
Admit.
Issue notice.
Learned Public Prosecutor accepts notice on behalf of the
respondent no.1. Let the notice be issued to the respondent No.2
only, returnable within four weeks.
Call for record.
This matter comes up on consideration of S.B. Criminal Misc.
application for Suspension of Sentence.
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
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significantly long time, therefore, the application of suspension of
sentence (revision) may be allowed.
Learned Public Prosecutor opposes the suspension of
sentence application.
Having regard to the facts and circumstances of the case so
also the facts and grounds raised in the instant petition; 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, the S.B. Criminal Suspension of Sentence
application (Revision) No.314/2025 filed under Section 464 BNSS
is allowed and it is ordered that the substantive sentences passed
by the learned Judicial Magistrate No.1, Sri Ganganagar in
Criminal Case No.544/2018 vide order dated 16.01.2019 as
affirmed by the learned Additional Session Judge, No.2, Sri
Ganganagar vide order dated 25.08.2025 in Cr. Appeal
No.24/2019 against the petitioner-applicant Umashankar S/o
Harpat Rai Tantiya shall remain suspended till final disposal of
the aforesaid revision and he shall be released on bail, subject to
deposit of 50% of the cheque amount 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 of to the satisfaction of the
learned trial Judge for his appearance in this court on 21.11.2025
and whenever ordered to do so till the disposal of the appeal on
the conditions indicated below :-
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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.Petitioner shall deposit 50% of the cheque amount
before the trial Court which shall be disbursed
immediately to the respondents complainants.
The learned trial Court shall keep the record of attendance of
the accused-applicant(s) in a separate file. Such file be registered
as Criminal Misc. Case related to original case in which the
accused-applicant(s) was/were 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(s) does not appear before the trial
court, the learned trial Judge shall report the matter to the High
Court for cancellation of bail.
A copy of this order be placed in the file of Application for
Suspension of Sentence.
(MUKESH RAJPUROHIT),J
702-mSingh/-
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