ANIL KUMAR S/O SHRI PHOOL SINGH v. STATE OF RAJASTHAN
SOSR/385/2025 · 2025-09-09
Vinod Kumar Bharwani
body2025
DailyLaw.ai
[ 2025 DAILYLAW 29561 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 29561 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:36194] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Suspension of Sentence Application No.385/2025 In S.B. Criminal Revision Petition No. 1607/2025 Anil Kumar S/o Shri Phool Singh, Aged About 32 Years, Resident Of Village Bahadarpur, Police Station Sadar, Alwar, Tehsil And District Alwar (Rajasthan) (Accused Petitioner Is Confined In Central Jail Alwar) ----Petitioner Versus State Of Rajasthan, Through P.P. ----Respondent For Petitioner(s) : Mr. Prakash Thakuriya 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 442 of B.N.S.S. seeking suspension of sentence awarded by learned Trial Court vide judgment dated 19.07.2018 and affirmed by the learned Appellate Court vide
judgment dated 26.06.2025.
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 two years simple imprisonment along with fine as per judgment dated
19.07.2018. 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 26.06.2025. Counsel has annexed the Certificate under Rule 311 of High Court Rules, 1952 to the effect
[2025:RJ-JP:36194] (2 of 2) [CRLR-1607/2025] that the petitioner 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 Anil Kumar S/o Shri Phool Singh, by the Trial Court vide judgment dated 19.07.2018 and affirmed by the Appellate Court vide order dated 26.06.2025 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 /20