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2025 DAILYLAW 41895 (RAJ)

SURENDRA KUMAR S/O SHRI MAHAVEER PRASAD v. STATE OF RAJASTHAN

SOSR/430/2025 · 2025-09-26

Vinod Kumar Bharwani

body2025

Judgment text

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[2025:RJ-JP:39903] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Suspension of Sentence Application No.430/2025 In S.B. Criminal Revision Petition No. 1744/2025 Surendra Kumar S/o Shri Mahaveer Prasad, Aged About 51 Years, R/o Bhirana, Police Station Losal District Sikar, Rajasthan. (Presently Confined In Central Jail Jaipur) ----Petitioner Versus State Of Rajasthan, Through P.p. ----Respondent For Petitioner(s) : Mr. Vikram Beniwal, 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-petitioner alongwith the revision petition. 2. Learned counsel for the applicant-petitioner submits that the applicant-petitioner has been convicted by the learned Trial Court for alleged offence and sentenced with a maximum period of two years rigorous imprisonment along with fine as per judgment dated 02.05.2025. Counsel further submits that the applicant-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 29.08.2025. Counsel has annexed the Certificate under Rule 311 of High Court Rules, 1952 to the effect that the applicant is behind the bars since long. Counsel also submits that the judgment of conviction & sentence passed by the Court below, is totally based upon [2025:RJ-JP:39903] (2 of 2) [SOSR-430/2025] surmises and conjectures and the revision petition is likely to take long time to conclude. Hence, the sentence awarded to the applicant may be suspended during the pendency of the revision petition. 3. Learned Public Prosecutor has vehemently opposed the prayer regarding suspension of sentence. 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-petitioner. 5. Accordingly, this application for suspension of sentence, is allowed and it is hereby ordered that the execution of sentence awarded to the applicant-petitioner-Surendra Kumar S/o Shri Mahaveer Prasad, by the Trial Court vide judgment dated 02.05.2025 and affirmed by the Appellate Court vide order dated 29.08.2025, 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 27.10.2025 and thereafter, as and when he is called upon to do so. (VINOD KUMAR BHARWANI),J Ashwani Kr Srivastava/Mahesh Adwani/-116