Rajasthan High Court - Jodhpur
Shyam Lal vs State Of Rajasthan (2025:Rj-Jd:46477) on 28 October, 2025
[2025:RJ-JD:46477]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Suspension Of Sentence(Revision) No. 221/2025
Shyam Lal S/o Bhagirath, Aged About 36 Years, R/o
Sathin,police Station Pipar City, District Jodhpur, Rajasthan
(Confined In Dist. Jail, Jaisalmer)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Mukesh Kumar Bishnoi
For Respondent(s) : Mr. Pawan Bhati, PP
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
28/10/2025
The instant application seeking suspension of sentence
application under Section 438/442 of BNSS (U/s 397/401 Cr.P.C)
has been filed by the petitioner against the judgment of conviction
and sentence dated 25.10.2012, passed by the learned Judicial
Magistrate, First Class, Jaisalmer in Criminal Regular Case
No.69/2010, as affirmed by the learned Additional Sessions Judge,
Jaisalmer vide judgment dated 21.12.2024, passed in Criminal
Appeal No.71/2016.
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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[2025:RJ-JD:46477] (2 of 3) [SOSR-221/2025]
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 instant application for suspension of
sentence filed under Section 438/442 of BNSS (U/s 397/401
Cr.P.C) is allowed and it is ordered that the sentence passed by
the learned Judicial Magistrate, First Class, Jaisalmer vide
judgment dated 25.10.2012, in Criminal Regular Case
No.69/2010, as affirmed by the learned Additional Sessions Judge,
Jaisalmer vide judgment dated 21.12.2024, passed in Criminal
Appeal No.71/2016 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 28.11.2025 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:46477] (3 of 3) [SOSR-221/2025]
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
375-Ramesh/-
(Uploaded on 28/10/2025 at 05:07:45 PM)
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