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[2025:RJ-JP:39911] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Suspension of Sentence Application No.442/2025 In S.B. Criminal Revision Petition No.1776/2025
1. Abdul Haq S/o Abdul Rajjaq, Resident Of Sheopariyon Ki Masjid, Talab Pada, Baran, District Baran (Raj.) (Presently Confined At District Jail Kota)
2. Munna @ Lal Mohammad S/o Ameer Mohammad, Bahrah Bhaiyon Ki Masjid, Baran, District Baran (Raj.) (Presently Confined At District Jail Kota)
3. Guddu @ Abdul Haqim S/o Abdul Hameed, Resident Of Barah Bhaiyon Ki Masjid, Talab Pada, Baran, District Baran. (Presently Confined At District Jail Kota) ----Accused/Petitioners Versus State Of Rajasthan, Through Public Prosecutor. ----State-Respondent For Petitioner(s) : Mr. Bhim Singh Meena, 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
06.08.2015. 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
[2025:RJ-JP:39911] (2 of 2) [SOSR-442/2025] one year simple imprisonment, vide its order dated 16.09.2025. 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. Abdul Haq S/o Abdul Rajjaq, 2. Munna @ Lal Mohammad S/o Ameer Mohammad and 3. Guddu @ Abdul Haqim S/o Abdul Hameed, by the Trial Court vide judgment dated 06.008.2025 and by the Appellate Court vide order dated 16.09.2025, 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/-120