Citation : 2025 Latest Caselaw 13716 Raj
Judgement Date : 24 September, 2025
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal (Sb) No. 2289/2025
Ramdev S/o Baluram, Aged About 65 Years, Medi Ka Bas
Kuchaman City District Didwana -Kuchaman Rajasthan
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Bhawani Singh
For Respondent(s) : Mr. Narendra Gehlot, PP with
Mr. O.P. Choudhary
HON'BLE MR. JUSTICE SANDEEP SHAH
Order
24/09/2025
In S.B. Criminal Appeal (Sb) No. 2289/2025:-
1. Admit.
2. Call for the record.
In S.B. Criminal Misc. Suspension of Sentence Application
No.1801/2025:
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
trial Court had acquitted the appellant-applicant from the offences
punishable under Sections 420, 467, 468 & 471 of IPC. However,
the Appellate Court has reversed the finding and imposed a
punishment of three years' rigorous imprisonment upon him. He
submits that the offences were not proved and the trial Court had
(Uploaded on 24/09/2025 at 03:42:03 PM)
(2 of 3) [CRLAS-2289/2025]
rightly considered each and every aspect of the matter while
exonerating the appellant-applicant, however, the Appellate Court
has without considering the evidence reversed the order on the
basis of mere surmises and conjectures. He thus, submits that the
appellant-applicant is entitled for suspension of sentence.
3. Per contra, the learned Public Prosecutor opposes the
application for suspension of sentence and submits that the
Appellate Court has considered each and every argument
threadbare and rightly reversed the finding of the trial Court.
Therefore, the application 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 trial Court had acquitted the
appellant-applicant and the Appellate Court has reversed the
order, there are arguable points raised by learned counsel for the
appellant-applicant and chances of hearing of appeal in near
future being bleak, this Court is of the opinion that it is a fit case
for suspending the sentence awarded to the accused appellant-
applicant.
5. Accordingly, the application for suspension of sentence filed
under Section 430 of BNSS is allowed and it is ordered that the
sentence passed by learned Additional Sessions Judge, Kuchaman
City, District Didwana-Kuchaman, Rajasthan vide judgment dated
10.09.2025 in Criminal Appeal No.88/2021 (88/2017), against the
appellant-applicant Ramdev S/o Baluram 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
(Uploaded on 24/09/2025 at 03:42:03 PM)
(3 of 3) [CRLAS-2289/2025]
satisfaction of the learned trial Judge for his appearance in this
Court on 29.10.2025 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
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 225-Love/-
(Uploaded on 24/09/2025 at 03:42:03 PM)
Powered by TCPDF (www.tcpdf.org)
Publish Your Article
Campus Ambassador
Media Partner
Campus Buzz
LatestLaws.com presents: Lexidem Offline Internship Program, 2026
LatestLaws.com presents 'Lexidem Online Internship, 2026', Apply Now!