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2025 DAILYLAW 41263 (RAJ)

HEMRAJ S/O BANSHI LAL v. STATE OF RAJASTAHN

SOSR/426/2025 · 2025-09-26

Vinod Kumar Bharwani

body2025

Judgment text

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[2025:RJ-JP:39904] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Suspension of Sentence Application No.426/2025 In S.B. Criminal Revision Petition No. 1728/2025 1. Hemraj S/o Banshi Lal, Aged About 30 Years, R/o Mohammadgarh Police Station Uniyara District Tonk, Presently At Intuda Police Station Jahajpur District Bhilwara Present Tenant Jagdeesh Raigar Ganesh Road Deoli District Tonk (Presently Confined In District Jail Tonk) 2. Mukesh Alias Devraj S/o Gopal, Aged About 33 Years, R/o Bogala Police Station Kekari District Ajmer Presently At Jyoti Colony Deoli Police Station Jahajpur District Bhilwara (Presently Confined In District Jail Tonk) ----Petitioners Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Petitioner(s) : Mr. Premchand Sharma, Adv. Mr. Abhinav Gupta, Adv. For Respondent(s) : Mr. Onkar Singh Rajpurohit, P.P. HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 26/09/2025 1. This application for suspension of sentence has been filed by the applicant-petitioners alongwith the revision petition. 2. Learned counsel for the applicant-petitioners submit that the applicant-petitioners have been convicted by the learned Trial Court for the alleged offences and sentenced with a maximum period of two years simple imprisonment along with fine as per judgment dated 23.12.2017. The applicant-petitioners have also filed an appeal before the learned Appellate Court and the same was partly allowed, while maintaining the judgment of conviction and reduced the sentence to six [2025:RJ-JP:39904] (2 of 2) [SOSR-426/2025] months simple imprisonment, vide its order dated 11.09.2025. Counsel has annexed the Certificate under Rule 311 of High Court Rules, 1952 to the effect that the applicants were on bail during trial and presently, they are behind the bars since long. Counsel also submits that the judgments of conviction & sentence passed by the Courts below, are totally based upon surmises and conjectures and the revision petition is likely to take long time to conclude. Hence, the sentence awarded to the applicants should be suspended during the pendency of the revision petition. 3. Learned Public Prosecutor has vehemently opposed the submissions made by learned counsel for the applicant-petitioners. 4. 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 applicant-petitioners. 5. Accordingly, this application for suspension of sentence, is allowed and it is hereby ordered that the execution of sentence awarded to the applicant-petitioners, namely 1. Hemraj S/o Banshi Lal and 2. Mukesh Alias Devraj S/o Gopal, by the Trial Court vide judgment dated 23.12.2017 and by the Appellate Court vide order dated 11.09.2025, shall remain suspended during the pendency of the revision petition, provided each of them 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 they shall appear before this Court on 27.10.2025 and thereafter, as and when they are called upon to do so. (VINOD KUMAR BHARWANI),J Ashwani Kr Srivastava/Mahesh Adwani/-115