Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. 2nd Bail (Suspension of Sentence) Application No.320/2025 In S.B. Criminal Revision Petition No. 1012/2025 Jitendra S/o Ramphool, Aged About 35 Years, R/o Itarda Police Station Sadar Dausa District Dausa (Presently Confined In Jail) ----Accused-Petitioner Versus State of Rajasthan, Through P.P. ----Respondent For Petitioner(s) : Mr. Y.K. Sharma, Adv. For Respondent(s) : Mr. Onkar Singh Rajpurohit, P.P.
HON'BLE MR. JUSTICE UMA SHANKER VYAS
Judgment / Order 07/08/2025 Heard learned counsel for the petitioner on the application filed for second suspension of sentence and perused the entire material available on record. First suspension of sentence application earlier filed by the accused-applicant, i.e. SB Criminal Misc. Suspension of Sentence Application No.221/2025, was dismissed by this Court vide order dated 17.07.2025 on the premise that compliance of Rule 323 of the Rajasthan High Court Rules 1952 has not been made.
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
(2 of 2) [SOSR-320/2025 in CRLR- 1012/2025] further submits that accused-applicant was on bail during trial as well as 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. 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, subject to deposition of entire fine by the accused-appellant, as imposed by the learned trial Court, the second application for suspension of sentence is allowed and it is ordered that the sentence of imprisonment awarded by the learned trial Court and affirmed by the learned appellate Court against the accused-applicant namely, Jitendra S/o Ramphool in Criminal Case No.522/2014 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 08.09.2025 and thereafter as and when called upon to do so.
(UMA SHANKER VYAS),J YOGESH KUMAR /02