TULSIDAS @ TULSIRAM S/O JAMUNAPRASAD v. STATE OF RAJASTHAN
SOSR/386/2025 · 2025-09-09
Vinod Kumar Bharwani
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 29488 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 29488 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:36195] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Suspension of Sentence Application No.386/2025 In S.B. Criminal Revision Petition No. 1608/2025 Tulsidas @ Tulsiram S/o Jamunaprasad, R/o Barso Ka Nagla, Near Vijay Nagar, Police Station Atalband, District Bharatpur, Raj. (Confined In Central Jail Sewar, Bharatpur) ----Petitioner Versus State Of Rajasthan, Through P.P. ----Respondent For Petitioner(s) : Mr. Navankur Dubey For Respondent(s) : Mr. Amit Gupta, P.P.
HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI
Order 09/09/2025 This application for suspension of sentence has been filed by the petitioner under Section 438 r/w Section 442 of B.N.S.S. seeking suspension of sentence awarded by learned Trial Court vide judgment dated 05.03.2020 and affirmed by the learned Appellate Court vide judgment dated 25.08.2025.
Learned counsel for the petitioner submits that the petitioner has been convicted by the learned Trial Court for offence(s) under Section 420 of I.P.C. and sentenced with a maximum period of three years simple imprisonment along with fine as per judgment dated 05.03.2020. Counsel further submits that the petitioner has also filed an appeal before the learned Appellate Court and the same was dismissed, while affirming the judgment of the Trial Court, vide its order dated 25.08.2025.Counsel has annexed the
[2025:RJ-JP:36195] (2 of 2) [CRLR-1608/2025] Certificate under Rule 311 of High Court Rules, 1952 to the effect that the applicant was on bail during trial & pendency of appeal and presently, he is behind the bars. Counsel also submits that the learned Trial Court has not appreciated the facts & circumstances of the case holistically and the hearing of the revision petition will take its own time, hence, the sentence awarded to the petitioner may be suspended during the pendency of the revision petition. Learned Public Prosecutor has vehemently opposed the prayer regarding suspension of sentence. Looking to the term of sentence, without commenting upon the merits of the case & considering the submissions made at bar, this Court deems it just and proper to suspend the sentence awarded to the petitioner. Accordingly, this application for suspension of sentence, is allowed and it is hereby ordered that the execution of sentence awarded to the petitioner, namely Tulsidas @ Tulsiram S/o Jamunaprasad, by the Trial Court vide judgment dated 05.03.2020 and affirmed by the Appellate Court vide order dated 25.08.2025 shall remain suspended during the pendency of the revision petition, provided he furnishes a personal bond of Rs.50,000/- together with two sureties of Rs.25,000/- each, to the satisfaction of the learned Trial Court with the stipulation that he shall appear before this Court on 10.10.2025 and thereafter, as and when he is called upon to do so.
(VINOD KUMAR BHARWANI),J SAURABH /21