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2025 DAILYLAW 14997 (RAJ)

RAMSWAROOP S/O LATE SHRI RAMKARAN GHASAL v. STATE OF RAJASTHAN

SOSR/220/2024 · 2025-04-04

Ashutosh Kumar

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:15297] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Suspension of Sentence Application No.220/2024 In S.B. Criminal Revision Petition No. 640/2024 Ramswaroop S/o Late Shri Ramkaran Ghasal, Aged About 40 Years, R/o Village Sursura, P.S. Rupangarh, District Ajmer. (At Present Confined In Central Jail, Ajmer) ----Petitioner/Applicant Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Petitioner(s) : Mr. Devanshu Sharma, Adv. with Ms. Vishalakshi Pareek, Adv. For Respondent(s) : Mr. Manvendra Singh Shekhawat, PP HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 04/04/2025 1. Heard on application (I.A. No.01/2024) for exemption of surrender the petitioner before the Court concerned. 2. Learned counsel for the applicant submits that this application has become infructuous. 3. Accordingly, the application (I.A. No.01/2024) is dismissed as having become infructuous. 4. Heard on suspension of sentence application. 5. This suspension of sentence application has been filed against the judgment dated 11.12.2023 passed by learned Additional District and Sessions Judge No.1, Kishangarh (Ajmer) (hereinafter referred to as the 'Appellate Court') in Criminal Appeal [2025:RJ-JP:15297] (2 of 3) [CRLR-640/2024] No.48/2019, whereby, the appeal filed by the petitioner has been dismissed and upheld the judgment dated 09.09.2019 passed by learned Additional Chief Judicial Magistrate No.2, Kishangarh, District Ajmer (hereinafter referred to as the 'trial Court') in Criminal Case No.482/2012, by which the petitioner has been convicted for offence under Section 392 of IPC and sentenced for three years simple imprisonment with a fine of Rs.10,000/- and in default of payment of fine, one month additional simple imprisonment. 6. Learned counsel for the applicant submits that the applicant surrendered himself before learned trial Court on 02.12.2024 and since then, he is serving his sentence in Central Jail, Ajmer. Learned counsel also submits that the applicant has been falsely implicated in this matter. Learned counsel also submits that the FIR was lodged against some unknown persons and no test identification parade has been held and learned trial Court and learned Appellant Court has passed the judgments against the settled principles of law. Learned counsel further submits that the petitioner was on bail during trial. The Revision Petition is not likely to be disposed of in near future, therefore, the present application filed on behalf of the accused-applicant be allowed and his sentence be suspended. 7. Learned Public Prosecutor vehemently opposed the prayer made on behalf of the accused-applicant 8. Heard learned counsel for the parties and perused the material available on record. 9. Considering the facts and circumstances of the case and also considering that the revision petition is not likely to be disposed of [2025:RJ-JP:15297] (3 of 3) [CRLR-640/2024] in near future, but without commenting upon the merits of the case, this Court deems it just and proper to suspend the sentence awarded to the accused-applicant. 10. Accordingly, the application for suspension of sentence is allowed and it is ordered that the sentence awarded vide impugned judgments dated 11.12.2023 and 09.09.2019 to the accused-applicant namely, Ramswaroop S/o Late Shri Ramkaran Ghasal in the matter shall remain suspended during pendency of this petition, provided he furnishes a personal bond in the sum of Rs.50,000/- along with two sureties in the sum of Rs.25,000/- each to the satisfaction of the concerned trial Court with the stipulation that he shall appear before this court on 12.05.2025 and thereafter as and when called upon to do so. (ASHUTOSH KUMAR),J Mohita /10