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Rajasthan High Court - Jodhpur
Madan Lal vs State Of Rajasthan on 23 January, 2026
Author: Farjand Ali
Bench: Farjand Ali
[2026:RJ-JD:4579]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. SOS (Revision) No.24/2026
in
S.B. Criminal Revision Petition No. 100/2026
Madan Lal S/o Banshilal, Aged About 46 Years, R/o Udsar Ward
No 23 Police Station Nokha Teshil Nokha District Bikaner.
(Presently Lodged At Sub Jail Nokha)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Nishant Bora
For Respondent(s) : Mr. Shriram Choudhary, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
23/01/2026
The instant application for suspension of sentence has been
moved on behalf of the applicant in the matter of judgment dated
15.05.2024 passed by the learned ACJM, Nokha, Bikaner in
Criminal Case No.178/2007 whereby he was convicted and
sentenced to suffer maximum imprisonment of 1 year under
Section 3/25 ARMS Act.
It is contended on behalf of the applicant that the learned
trial Court as well as appellate Court have not appreciated the
correct, legal and factual aspects of the matter and thus, reached
at an erroneous conclusion of guilt. He was on bail during trial and
did not misuse the liberty so granted to him; hearing of the
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[2026:RJ-JD:4579] (2 of 3)
revision is likely to take long time, therefore, the application for
suspension of sentence may be granted.
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.
Heard learned counsel for the parties and perused the
material available on record.
Considering the submissions of learned counsel for the
parties and looking to the totality of facts and circumstances of
the case, more particularly the facts that the accused-petitioner
was on bail during the course of trial and did not misuse the
liberty and 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.
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 the trial court against the petitioner-applicant-
named above shall remain suspended till final disposal of the
aforesaid revision 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
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[2026:RJ-JD:4579] (3 of 3)
Judge for his appearance 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 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.
(3) Similarly, if the sureties change their addresses, they
will give in writing their changed address to the trial
Court.
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
168-divyashri/-
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