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2026 DAILYLAW 13083 (RAJ)

SURESH S/O PRABHUSINGH v. STATE OF RAJASTHAN

SOSR/452/2026 · 2026-08-21

Vinod Kumar Bharwani

body2026

Judgment text

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[2026:RJ-JP:33763] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Suspension of Sentence Application No.452/2026 In S.B. Criminal Revision Petition No. 1594/2026 CNR: RJHC020790622026 | URN: CRLR / 2902U / 2026 Suresh S/o Prabhusingh, R/o Badh Padli, P.s. Sikandra, District Dausa (Presently Confined In Sub Jail Kolana-Bandikui District Dausa) ----Petitioner Versus State Of Rajasthan, Through Public Prosecutor ----Respondent Connected With S.B. Criminal misc. Suspension Of Sentence Appliction No. 434/2026 CNR: RJHC020766232026 | URN: SOSR / 724U / 2026 In S.B. Criminal Revision Petition No.1541/2026 1. Mukesh S/o Hajari Lal, R/o Badh Padli, P.s. Sikandra, District Dausa (Presently Confined In Sub Jail Kolana- Bandikui District Dausa) 2. Sanjay S/o Hajari Lal, R/o Badh Padli, P.s. Sikandra, District Dausa (Presently Confined In Sub Jail Kolana- Bandikui District Dausa) 3. Anil Kumar S/o Prabhusingh, R/o Badh Padli, P.s. Sikandra, District Dausa (Presently Confined In Sub Jail Kolana- Bandikui District Dausa) 4. Hazarilal S/o Bhanwar Lal, R/o Badh Padli, P.s. Sikandra, District Dausa (Presently Confined In Sub Jail Kolana- Bandikui District Dausa) ----Petitioners Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Petitioner(s) : Mr. Mohar Pal Meena with Mr. Kishan Lal Meena [2026:RJ-JP:33763] (2 of 3) [SOSR-452/2026] For Respondent(s) : Mr. Sudesh Kumar Saini, PP with Mr. Navdeep Singh, PP HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 21/08/2026 These applications for suspension of sentence have been filed by the applicant-petitioners alongwith the revision petitions. Learned counsel for the applicant-petitioners submits that the applicant-petitioners were convicted by the learned Trial Court for the alleged offences and were sentenced to undergo rigorous imprisonment for a maximum period of three years, along with a fine, vide judgment dated 28.08.2024. Counsel further submits that the applicant-petitioners have 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 31.07.2026. Counsel has annexed the Certificate under Rule 311 of High Court Rules, 1952 to the effect that the applicants were on bail during trial & pendency of appeal and presently, they are behind the bars. Counsel also submits that the learned Trial Court has not appreciated the facts & circumstances of the case holistically and the hearing of the revision petitions will take its own time, hence, the sentence awarded to the applicant- petitioners may be suspended during the pendency of the revision petitions. Learned Public Prosecutor has vehemently opposed the prayer regarding suspension of sentence. [2026:RJ-JP:33763] (3 of 3) [SOSR-452/2026] 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. Accordingly, these applications for suspension of sentence, are allowed and it is hereby ordered that the execution of sentence awarded to the applicant-petitioners, namely Suresh S/o Prabhusingh, Mukesh S/o Hajari Lal, Sanjay S/o Hajari Lal, Anil Kumar S/o Prabhusingh & Hazarilal S/o Bhanwar Lal, by the Trial Court vide judgment dated 28.08.2024 and the Appellate Court vide order dated 31.07.2026 shall remain suspended during the pendency of the revision petitions, provided each of them furnish 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 22.09.2026 and thereafter, as and when they are called upon to do so. (VINOD KUMAR BHARWANI),J 14/SAURABH