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2025 DAILYLAW 16768 (RAJ)

GOPIRAM SON OF BAJRANG LAL v. THE STATE OF RAJASTHAN

SOSR/157/2025 · 2025-05-09

Uma Shanker Vyas

body2025

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Second Suspension of Sentence Application No. 157/2025 In S.B. Criminal Revision Petition No. 446/2025 Gopiram Son of Bajrang Lal, Aged About 40 Years, R/o Bilota Polce Thana Aligarh At Present Sriram Nagar Second Kota Thana Udhyog Nagar Kota District Kota (At Present Confined At District Jail, Sawai Madhopur) ----Petitioner Versus State of Rajasthan, Through PP ----Respondent For Petitioner(s) : Ms. Faziya G. Khan, Adv., for Mr. Abdul Kalam Khan, Adv. For Respondent(s) : Mr. N.S. Dhakad, P.P. HON'BLE MR. JUSTICE UMA SHANKER VYAS Judgment / Order 09/05/2025 Heard learned counsel for the parties on the second application filed for suspension of sentence and perused the entire material available on record. Learned counsel for the accused-applicant submits that there is no reliable and legally acceptable evidence to hold the accused- applicant guilty for the alleged offence(s) and there is every likelihood of succeeding in the criminal revision. Learned counsel further submits that accused-applicant was on bail during trial as well as appeal and presently he is behind bars. Learned counsel (2 of 2) [SOSR-157/2025 in CRLR-446/2025] further submits that final hearing of the revision is likely to take time thus sentence of the accused-applicant may be suspended. Learned Public Prosecutor has vehemently opposed the prayer regarding second suspension of sentence. I have considered the submissions made by learned counsel for the parties. Without commenting upon the merits/demerits of the case and considering the arguments advanced by the parties, this Court deems it just and proper to suspend the sentence awarded to the applicant. Accordingly, the second application for suspension of sentence is allowed and it is ordered that the sentence awarded by the learned trial Court and affirmed by the learned appellate Court against the accused-applicant namely, Gopiram Son of Bajrang Lal in Criminal Case No.147/2016 (56/2014) (CIS No. 3629/2014) shall remain suspended during pendency of the petition and he shall be released on bail, provided he furnishes a personal bond in the sum of Rs.1,00,000/- along with two sureties in the sum of Rs.50,000/- each to the satisfaction of the learned trial Court with the stipulation that he shall appear before this Court on 12.06.2025 and thereafter as and when called upon to do so. (UMA SHANKER VYAS),J YOGESH KUMAR /46