Gautam Lal vs State Of Rajasthan
2026 Latest Caselaw 1064 Raj

Citation : 2026 Latest Caselaw 1064 Raj
Judgement Date : 22 January, 2026

[Cites 6, Cited by 0]

Rajasthan High Court - Jodhpur

Gautam Lal vs State Of Rajasthan on 22 January, 2026

Author: Farjand Ali

Bench: Farjand Ali

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
      S.B. Criminal Misc. Suspension of Sentence (Revision)
                                  No.22/2026

                                         in

            S.B. Criminal Revision Petition No. 95/2026

Gautam Lal S/o Shri Ram Ji, Aged About 55 Years, Resident Of
Village    Naya     Gaon    Tehsil      Kherwara         Ps       Kherwara   District
Dungarpur Raj. (Presently Lodged In Central Jail , Udaipur)
                                                                      ----Petitioner
                                     Versus
State Of Rajasthan, Through Pp
                                                                    ----Respondent


For Petitioner(s)          :     Mr. Shambhoo Singh
For Respondent(s)          :     Mr. Shriram Choudhary, AGA



              HON'BLE MR. JUSTICE FARJAND ALI

Order

22/01/2026

1. The instant application for suspension of sentence has been

moved on behalf of the applicant in the matter of judgment dated

23.07.2019 passed by the learned Additional Chief Judicial

Magistrate, Kherwara in Criminal Regular Case No.218/2012,

whereby he was convicted and sentenced to suffer maximum

imprisonment of 3 years (S.I.) under Section 467 IPC and lesser

punishments for the other offences under Sections 420, 468 and

471 IPC. The said judmgent has further been upheld by the

learned Additional Sessions Judge, Kherwara vide judgment dated

16.01.2026 passed in Criminal Appeal No.24/2019.

2. Learned counsel for the petitioner submits that the learned

trial court as well as the learned appellate court has committed an

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error of law in appreciating the evidence brought on record,

therefore, the material would be required to be appreciated again.

The petitioner does not have any criminal antecedents. He has

not misused the liberty of bail granted earlier. The 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 by learned counsel for the accused-

petitioner 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. The submissions advanced by the learned counsel for the

petitioner, viz. that the learned trial court failed to properly appreciate

the evidence, that the alleged beneficiaries of the documents have

already been discharged by the competent court, that there is no

cogent evidence to establish that the impugned/valuable documents

were prepared by the petitioner, and that material prosecution

witnesses were either not examined or have not supported the

prosecution case, do carry substance and raise arguable points which

require consideration by this Court at the time of final hearing of the

revision. It is also undisputed that the maximum sentence awarded to

the petitioner is only three years, that he has not misused the liberty of

bail granted earlier, and that the hearing of the revision is not likely in

the near future. Considering the submissions advanced at bar,

grounds raised in the memo of the revision petition and looking to

the totality of facts and circumstances of the case, while refraining

from passing any comments on the niceties of the matter and the

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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 CrPC is allowed and it is ordered that the

sentence passed by learned trial court against the petitioner-

applicant named above shall remain suspended till final disposal of

the aforesaid criminal revision petition and he 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 before

the court, whenever ordered to do so till the disposal of the

revision petition on the conditions indicated below:-

1. That he will appear before the trial Court in the month of January of every year till the appeal 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.