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2025 DAILYLAW 23337 (RAJ)

BHUWNESH SHARMA URF RANU S/O DEVENDRA KUMAR SHARMA v. STATE OF RAJASTHAN

SOSR/245/2025 · 2025-07-09

Uma Shanker Vyas

body2025

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Suspension of Sentence Application No.245/2025 IN S.B. Criminal Revision Petition No.1116/2025 Bhuwnesh Sharma Urf Ranu S/o Devendra Kumar Sharma, R/o Chomukha Bazar, Baran Presently Krishna Nagar, Gali No. 4, House No. 51, Bajrang Nagar, Police Station Nayapura Kota (Rajasthan) (Presently Confined In Central Jail Kota) ----Petitioner Versus State Of Rajasthan, Through P.p ----Respondent For Petitioner(s) : Mr. Gourav Sharma, Adv., with Mr. Nitin Kumar Sharma, Adv. For Respondent(s) : Mr. Onkar Singh Rajpurohit, P.P. HON'BLE MR. JUSTICE UMA SHANKER VYAS Judgment / Order 09/07/2025 Heard learned counsel for the parties on the 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 during pendency of appeal and presently he is behind bars. Learned counsel further submits that final hearing of the revision is likely to take time thus sentence of the accused-applicant may be suspended. (2 of 2) [SOSR-245/2025 in CRLR- 1116/2025] Learned Public Prosecutor has vehemently opposed the prayer regarding 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 application for suspension of sentence is allowed and it is ordered that the sentence awarded by the learned trial Court and affirmed/modified by the learned appellate Court against the accused-applicant namely, Bhuwnesh Sharma @ Ranu S/o Devendra Kumar Sharma in Criminal Case No.78/2007 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 12th August, 2025 and thereafter as and when called upon to do so. (UMA SHANKER VYAS),J DANISH USMANI /28