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2025 DAILYLAW 37281 (RAJ)

MAHESH SON OF DHARMVEER SINGH v. STATE OF RAJASTHAN

SOSR/434/2025 · 2025-10-13

Anoop Kumar Dhand

Transfer Petitionbody2025

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Application for Suspension of Sentence No.434/2025 In S.B. Criminal Revision Petition No.1753/2025 Mahesh Son Of Dharmveer Singh, Resident Of Vijaynagar Colony, Police Station Atalband, District Bharatpur (Raj.) (At Present Confined At District Jail-Bharatpur) ----Petitioner Versus State Of Rajasthan, Through P.P. ----Respondent For Petitioner(s) : Mr. Kartar Singh Faujdar For Respondent(s) : Mr. Amit Punia, Addl.GA/PP with Mr. Shubham Kumar Sain JUSTICE ANOOP KUMAR DHAND Order 13/10/2025 1. This criminal misc suspension of sentence application has been filed by the applicant along with the criminal revision petition. 2. Counsel for the applicant submits that the applicant has been held guilty for the offences punishable under Sections 323, 326 and 341 IPC by the Trial Court and sentence of two years was awarded, which has been reduced by the Appellate Court to one year. Counsel submits that the applicant is in custody since the date of passing of the judgment i.e. from 09.09.2025 and disposal of the revision petition is bound to take time, therefore, sentence (2 of 3) [CRLR-1753/2025] awarded to the applicant be suspended till final disposal of the revision petition. 3. Per contra, learned Public Prosecutor opposed the prayer. 4. Heard and considered the submissions made at the Bar and perused the material available on the record. 5. Considering the arguments put forward by learned counsel for the applicant-petitioner and looking to the fact that the applicant-petitioner is in custody since the date of pronouncement of judgment by the Appellate Court i.e. from 09.09.2025 and also considering the fact that the disposal of the revision petition is bound to take time, hence, this Court deems it just and proper to suspend the sentence of the applicant-petitioner till disposal of the revision petition. 6. Accordingly, the instant suspension of sentence application is allowed and it is ordered that execution of sentence awarded to the applicant – Mahesh son of Dharmveer Singh shall remain suspended during pendency of the criminal revision and he be released on bail provided he furnishes a personal bond of Rs.1,00,000/- (Rupees One Lakh only) together with two sureties of Rs.50,000/- (Rupees Fifty Thousand only) each, to the satisfaction of the learned Trial Court with the stipulation that he shall appear before this Court on 14.11.2025 and whenever ordered to do so, till the disposal of the revision petition on the conditions indicated below:- 1. That he shall appear before the trial Court in the month of January of every year till the revision petition is decided. 2. That if the applicant changes the place of residence and mobile number, he will give in writing his changed address and mobile number to the trial Court as well as to the counsel in the High Court. (3 of 3) [CRLR-1753/2025] 3. Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court. 4. Applicant-petitioner shall deposit fine amount as imposed by the learned trial Court. 5. In case the applicant-petitioner is found involved in committing and repeating the same offence again, the State/complainant would be at liberty to move application for cancellation of bail. 7. The learned trial Court shall maintain the record of attendance of the accused-applicant in a separate file. Such file be registered as Criminal Misc. Case relating to original case in which the accused-petitioner was tried and convicted. A copy of this order shall also be placed in that file for ready reference. Criminal Misc. file shall not be taken into account for statistical purpose relating to pendency and disposal of cases in the trial court. 8. In case the said accused-applicant does not appear before the Trial Court, the learned Trial Judge shall report the matter to the High Court for cancellation of bail. (ANOOP KUMAR DHAND),J KuD/141