Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Suspension of Sentence Application No.2541/2025 In S.B. Criminal Appeal (Sb) No. 3256/2025
1. Shri Prakash, Son of Ramlal, Aged About 48 Years, Resident of Guradiya Lal Munha, Police Station Bhaugarh, District Mandsur (Madhya Pradesh).
2. Shri Sundarlal, Son of Gordhan, Aged About 32 Years, Resident of Guradiya Lal Munha, Police Station Bhaugarh, District Mandsur (Madhya Pradesh).
3. Shri Ramkaran, Son of Nanuram, Aged About 46 Years, Resident of Guradiya Lal Munha, Police Station Bhaugarh, District Mandsur (Madhya Pradesh).
4. Shri Mukesh, Son of Hanuman Sahay, Aged About 32 Years, Resident Of Village Markhi, Police Station Amarsar, District Jaipur Rural ----Appellants Versus
1. State of Rajasthan, Through Public Prosecutor.
2. Shri Arvind Sharma, Son of Hariram, Aged About 42 Years, Resident of Village Semrathli, Police Station Chhoti Sadri, District Pratapgarh. ----Respondents For Appellant(s) : Ms. Nikitha Bhandari, Adv. Mr. Avi Airun, Adv. For Respondent(s) : Mr. Manvendra Singh, P.P.
HON'BLE MR. JUSTICE UMA SHANKER VYAS
Judgment / Order 16/12/2025 Heard learned counsel for the parties on the application filed for suspension of sentence and perused the entire material available on record.
(2 of 3) [SOSA-2541/2025 in CRLAS- 3256/2025]
Learned counsel for the accused-applicants submits that there is no reliable and legally acceptable evidence to hold the accused-applicants guilty for the alleged offence(s) and there is every likelihood of succeeding in the criminal appeal. Learned counsel further submits that accused-applicants were on bail during trial and their sentence have already been suspended till 05.01.2026 by the learned trial Court. Learned counsel further submits that accused-applicants are willing to deposit the entire fine amount and as final hearing of the appeal is likely to take time thus sentence of the accused-applicants may be suspended. Learned Public Prosecutor has vehemently opposed the prayer regarding suspension of sentence. I have considered the submissions made by learned counsel for the parties. Without commenting upon the merits/demerits of the case and considering the arguments advanced by the parties, this Court deems it just and proper to suspend the sentence awarded to the applicants. Accordingly, subject to deposition of fine imposed by the learned trial Court on the accused-applicants, the application for suspension of sentence is allowed and it is ordered that the sentence of imprisonment awarded by the learned trial Court to the accused-applicants namely, (1) Shri Prakash, Son of Ramlal, (2) Shri Sundarlal, Son of Gordhan, (3) Shri Ramkaran, Son of Nanuram and (4) Shri Mukesh, Son of Hanuman Sahay in Sessions Case No.08/2019 shall remain suspended during pendency of the appeal and they shall be
(3 of 3) [SOSA-2541/2025 in CRLAS- 3256/2025] released on bail, provided each of them furnishes a personal bond in the sum of Rs.1,00,000/- along with two sureties in the sum of Rs.50,000/- each to the satisfaction of the learned trial Court with the stipulation that they shall appear before this court on 16.01.2026 and thereafter as and when called upon to do so.
(UMA SHANKER VYAS),J YOGESH KUMAR /80