Shivdayal vs State Of Rajasthan
2026 Latest Caselaw 3122 Raj

Rajasthan High Court - Jodhpur

Shivdayal vs State Of Rajasthan on 24 February, 2026

Author: Farjand Ali

Bench: Farjand Ali

[2026:RJ-JD:10002]

       HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                        JODHPUR
     S.B. Criminal Misc Suspension of Sentence Application No.76/2026
                                      IN
                S.B. Criminal Revision Petition No.- 313/2026

Shivdayal S/o Shri Dharam Singh, Aged About 32 Years, R/o
Village Gurjar Baroda, Tehsil Bamanwas, Police Station Batoda,
Districtt Sawai Madhopur, Rajasthan. (Presently Lodged At Dist
Jail Churu)
                                                                         ----Petitioner
                                       Versus
1.        State Of Rajasthan, Through Pp
2.        Krishna  Kumar     S/o             Unknown,              R/o   Pratapnagar,
          Pratapnagar Jaipur
                                                                     ----Respondents


For Petitioner(s)            :    Mr. Ankush
For Respondent(s)            :    Mr. Surendra Bishnoi, PP



                HON'BLE MR. JUSTICE FARJAND ALI

Order

24/02/2026

1. The instant application for suspension of sentence has been

moved on behalf of the applicant in the matter of judgment

dated 08.04.2025 passed by the learned Additional Chief Judicial

Magistrate, Ratangarh, District Churu, Rajasthan, in Criminal

Regular Case No.267/2012 whereby he was convicted and

sentenced as under :-

Offence for Sentence of Fine Sentence in which imprisonment default of convicted payemnt of fine 279 IPC 3 months' SI Rs.1000/- 10 days' SI 337 IPC 3 months' SI Rs.500/- 10 days' SI 304A IPC 1 year's SI Rs.5000/- 1 month' SI

2. It is contended on behalf of the applicant that the learned

trial Judge has not appreciated the correct, legal and factual

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aspects of the matter and thus, reached at an erroneous

conclusion of guilt, therefore, the same is required to be

appreciated again by this court. Hearing of the revision is likely

to take long time, therefore, the application for suspension of

sentence may be granted.

3. Per contra, learned public prosecutor has vehemently

opposed the prayer made on behalf of the accused-applicant for

releasing the petitioner on application for suspension of

sentence.

4. Heard learned counsel for the parties and perused the

material available on record.

5. Considering the submissions of learned counsel for the

parties and looking to the totality of facts and circumstances of

the case, more particularly the hearing of revision is likely to

take further more time and considering the overall submissions

while refraining from passing any comments on the niceties of

the matter and the defects of the prosecution as the same may

put an adverse effect on hearing of the revision, this court is of

the opinion that it is a fit case for suspending the sentence

awarded to the accused-petitioner.

6. Accordingly, the application for suspension of sentence filed

under Section 397/401 Cr.P.C. is allowed and it is ordered that

the sentence passed by learned trial court, the details of which

are provided in the first para of this order, against the appellant-

applicant named above shall remain suspended till final disposal

of the aforesaid revision and he shall be released on bail

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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 and whenever ordered to do so till the

disposal of the revision on the conditions indicated below:-

(1) That he will appear before the trial Court in the month of January of every year till the revision is decided.

(2) That if the applicant 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 addresses, they will give in writing their changed address to the trial Court.

7. The learned trial Court shall keep the record of attendance

of the accused-applicant in a separate file. Such file be

registered as Criminal Misc. Case related to original case in

which the accused-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 accused applicant

does not appear before the trial court, the learned trial

Judge shall report the matter to the High Court for

cancellation of bail.

(FARJAND ALI),J 167-Chhavi/-

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