Rajasthan High Court - Jodhpur
Revant Ram vs State Of Rajasthan on 23 September, 2025
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal (Sb) No. 2137/2025
Revant Singh S/o Bhanwer Singh, Aged About 35 Years, R/o
Hem Ji Ki Dhani, sankada, police Station Sankada, district
Jaisalmer, Rajasthan (Lodged In District Jail, Jaisalmer)
----Appellant
Versus
1. State Of Rajasthan, Through PP
2. Suman Kanwar D/o Narayan Singh, R/o Kelawa, police
Station Pokran, district Jaisalmer,rajasthan
----Respondents
For Appellant(s) : Mr. Bhagirath Ray Bishnoi
For Respondent(s) : Mr. Surendra Bishnoi, PP
Mr. Omprakash Choudhary
HON'BLE MR. JUSTICE SANDEEP SHAH
Order
23/09/2025
IN S.B. Criminal Appeal (SB) No.2137/2025:-
1. Admit.
2. Call for the record.
3. Issue notice to the respondents.
IN S.B. Criminal Misc. Suspension of Sentence Application
No.1641/2025:-
1. Heard learned counsel for the appellant-applicant as well as
learned Public Prosecutor and perused the material available on
record.
2. Learned counsel for the appellant-applicant submits that the
appellant-applicant has been convicted under Sections 354A,
354B, 341 & 323 of IPC & under Section 7/8 of POCSO, Act 2012.
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He submits that the maximum punishment is three years' rigorous
imprisonment. He also submits that the appellant-applicant was
on bail during the course of trial and that there are no criminal
antecedents against the appellant-applicant and there are
inconsistencies in the statements of the prosecution witnesses. He
also submits that even the prosecutrix herself has not remained
consistent in her own statement. He further submits that except
for the allegation of insisting upon having the mobile number of
the prosecutrix, no overt act is attributable to the appellant-
applicant. He further submits that there is no chance of hearing of
the appeal in near future. He, therefore, implores this Court to
allow the suspension of sentence application.
3. Learned Public Prosecutor opposes the application for
suspension of sentence and submits that the learned Trial Court
has thoroughly considered the entire evidence threadbare and has
passed a detailed order convicting the appellant-applicant for the
offences in question. He submits that the statements of the
prosecutrix clearly support the prosecution case and implicate the
appellant-applicant, therefore, the application for suspension of
sentence in question deserves to be dismissed.
4. Upon consideration of the arguments advanced on behalf of
both the sides and having regard to the facts and circumstances of
the case, including the facts that the punishment imposed upon
the appellant-applicant is only three years' rigorous imprisonment,
the appellant-applicant was on bail during the course of trial,
there are no criminal antecedents against the appellant-applicant,
there are some arguable points regarding the statements of
prosecutrix and the chances of hearing of appeal in near future
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being bleak, this Court is of the opinion that it is a fit case for
suspending the sentences awarded to the accused appellant-
applicant.
5. Accordingly, the application for suspension of sentence filed
under Section 430 of BNSS (Cr.P.C. 389) is allowed and it is
ordered that the sentence passed by the learned Special Judge,
POCSO Act Cases & CPCR Act, 2005, Jaisalmer, vide judgment
dated 14.08.2025 in Sessions Case No.16/2024, against the
appellant-applicant, Revant Singh S/o Bhanwer Singh, shall
remain suspended till final disposal of the aforesaid appeal and he
shall be released on bail, provided he executes a personal bond in
the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to
the satisfaction of the learned trial Judge for his appearance in this
court on 28.10.2025 and whenever ordered to do so till the
disposal of the appeal on the conditions indicated below:-
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.
6. The learned trial Court shall keep the record of attendance of
the appellant-applicant in a separate file. Such file be registered
as Criminal Misc. Case related to original case in which the
appellant-applicant 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
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to pendency and disposal of cases in the trial Court. In case the
said appellant-applicant does not appear before the trial Court, the
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(SANDEEP SHAH),J
2-devrajP/-
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