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2025 DAILYLAW 29513 (RAJ)

PHOOLCHAND S/O GOBARI LAL v. STATE OF RAJASTHAN

SOSR/388/2025 · 2025-09-23

Vinod Kumar Bharwani

body2025

Judgment text

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[2025:RJ-JP:39081] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Suspension of Sentence Application No.388/2025 In S.B. Criminal Revision Petition No. 1619/2025 Phoolchand S/o Gobari Lal, R/o Opposite Police Station Sultanpur, P.s Sultanpur Dist Kota. (Raj.) (At Present Confined In District Jail Kota) ----Petitioner Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Petitioner(s) : Mr. Krishan Kant For Respondent(s) : Mr. Amit Gupta, P.P. HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 23/09/2025 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 09.05.2019 and affirmed by the learned Appellate Court vide judgment dated 21.08.2025. Learned counsel for the petitioner submits that the petitioner has been convicted by the learned Trial Court for offences under Sections 279, 304-A of I.P.C. and Section 184 of M.V. Act and sentenced with a maximum period of two years simple imprisonment along with fine as per judgment dated 09.05.2019 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 judgment dated 21.08.2025. Counsel has annexed the Certificate under Rule [2025:RJ-JP:39081] (2 of 2) [CRLR-1619/2025] 311 of High Court Rules, 1952 to the effect that the petitioner was on bail during trial as well as pendency of the 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 Phoolchand S/o Gobari Lal, by the Trial Court vide judgment dated 09.05.2019 and affirmed by the Appellate Court vide judgment dated 21.08.2025 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 28.10.2025 and thereafter, as and when he is called upon to do so. (VINOD KUMAR BHARWANI),J SAURABH /27