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2025 DAILYLAW 5098 (RAJ)

SURESH KUMAR JAT S/O KALURAM v. STATE OF RAJASTHAN

SOSR/26/2025 · 2025-01-31

Uma Shanker Vyas

body2025

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Suspension of Sentence Application No.26/2025 In S.B. Criminal Revision Petition No. 174/2025 1. Suresh Kumar Jat S/o Kaluram, R/o Village Manpura Machedi Police Station Chandwaji Dsitrict Jaipur (Presently Confined In Central Jail Jaipur) 2. Ramavtar S/o Bhuramal, R/o Village Tala Police Station Chandwaji Dsitrict Jaipur (Presently Confined In Central Jail Jaipur) ----Petitioners Versus State Of Rajasthan, Through P.P. ----Respondent For Petitioner(s) : Mr. Anil Kumar Jain, Adv. For Respondent(s) : Mr. Jai Prakash Tiwari, PP HON'BLE MR. JUSTICE UMA SHANKER VYAS Judgment / Order 31/01/2025 Heard learned counsel for the parties on the application filed for suspension of sentence and perused the entire material available on record. Learned counsel for the accused-applicants submits that there is no reliable and legally acceptable evidence to hold the accused-applicants (2 of 3) [SOSR-26/2025] guilty for the alleged offence(s) and there is every likelihood of succeeding in the criminal revision petition. Learned counsel further submits that applicants were not on bail during trial as well as pendency of appeal and they are presently behind bars. Learned counsel further submits that 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, the application for suspension of sentence is allowed and it is ordered that the sentence awarded by the learned trial Court to the accused-applicants namely, 1. Suresh Kumar Jat S/o Kaluram 2. Ramavtar S/o Bhuramal in Regular Criminal Case No.05/2021 (CIS No.35/2021) shall remain suspended during pendency of the (3 of 3) [SOSR-26/2025] revision petition and they shall be 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 04th March, 2025 and thereafter as and when called upon to do so. (UMA SHANKER VYAS),J GAURAV SHARMA /75