Research › Search › Judgment

High Court of Rajasthan · body

2025 DAILYLAW 30224 (RAJ)

NARAYANSINGH S/O BHAGWANSINGH v. STATE OF RAJASTHAN

SOSR/403/2025 · 2025-09-23

Vinod Kumar Bharwani

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:39084] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Suspension of Sentence Application No.403/2025 In S.B. Criminal Revision Petition No. 1663/2025 1. Narayansingh S/o Bhagwansingh, Aged About 55 Years, R/o Kharka, Tehsil Roopwas, Police Station Ucchain, District Bharatpur (Rajasthan). (At Present Confined In Central Jail Sewar, Bharatpur) 2. Raghuveer S/o Bhagwansingh, Aged About 50 Years, R/o Kharka, Tehsil Roopwas, Police Station Ucchain, District Bharatpur (Rajasthan). (At Present Confined In Central Jail Sewar, Bharatpur) ----Petitioners Versus State Of Rajasthan, Through P.P. ----Respondent For Petitioner(s) : Mr. Mukesh Dudi 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 petitioners under Section 438 r/w Section 442 of B.N.S.S. seeking suspension of sentence awarded by learned Trial Court vide judgment dated 31.08.2017 and affirmed by the learned Appellate Court vide judgment dated 28.08.2025. Learned counsel for the petitioners submits that the petitioners have been convicted by the learned Trial Court for offence(s) under Sections 420, 467, 468 & 471 of I.P.C. and sentenced with a maximum period of three years simple [2025:RJ-JP:39084] (2 of 3) [CRLR-1663/2025] imprisonment as per judgment dated 31.08.2017. Counsel further submits that the petitioners have also filed an appeal before the learned Appellate Court and the same was partly allowed, while acquitting the accused from the offences u/s 467 & 468 of I.P.C. vide its judgment dated 28.08.2025. Counsel has annexed the Certificate under Rule 311 of High Court Rules, 1952 to the effect that the petitioners were on bail during trial as well as pendency of appeal and presently, they are 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 petitioners 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 and considering the submissions made at bar, this Court deems it just and proper to suspend the sentence awarded to the petitioners. Accordingly, this application for suspension of sentence, is allowed and it is hereby ordered that the execution of sentence awarded to the petitioners, namely Narayansingh S/o Bhagwansingh & Raghuveer S/o Bhagwansingh, by the Trial Court vide judgment dated 31.08.2017 and affirmed by the Appellate Court vide order dated 28.08.2025 shall remain suspended during the pendency of the revision petition, provided each of them furnish a personal bond of Rs.50,000/- together with [2025:RJ-JP:39084] (3 of 3) [CRLR-1663/2025] two sureties of Rs.25,000/- each, to the satisfaction of the learned Trial Court with the stipulation that they shall appear before this Court on 28.10.2025 and thereafter, as and when they are called upon to do so. (VINOD KUMAR BHARWANI),J SAURABH /30