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2026 DAILYLAW 2805 (RAJ)

NARESH SON OF RAMGOPAL v. STATE OF RAJASTHAN

SOSR/588/2025 · 2026-02-26

Vinod Kumar Bharwani

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2026:RJ-JP:9036] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Suspension of Sentence Application No.596/2025 In S.B. Criminal Revision Petition No. 2347/2025 Satish Kumar Son Of Nandlal, Aged About 45 Years, R/o Choumakha Bazar, Baran Police Station Baran (Raj.) (At Present Confined At District-Jail Baran) ----Petitioner Versus State Of Rajasthan, Through P.P. ----Respondent Connected With S.B. Criminal Misc. Suspension of Sentence Application No.588/2025 In S.B. Criminal Revision Petition No. 2306/2025 Naresh Son Of Ramgopal, Aged About 34 Years, Resident Of Ajeetpura, Police Station Anta District Baran (Rajasthan0 (At Present Confined In District Jail, Baran) ----Petitioner Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Petitioner(s) : Mr. Sameer Sharma Mr. Girish Khandelwal For Respondent(s) : Mr. Shriram Dhakar, PP HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 26/02/2026 These applications for suspension of sentence have been filed by the applicant-petitioners alongwith the revision petitions. [2026:RJ-JP:9036] (2 of 3) [SOSR-596/2025] Learned counsel for the applicant-petitioners submits that the applicant-petitioners have been convicted by the learned Trial Court for offence(s) under Section(s) 363, 365 & 120-B of I.P.C. and sentenced with a maximum period of three years simple imprisonment along with fine as per judgment dated 12.09.2017. Counsel further submits that the applicant-petitioners have also filed the appeals before the learned Appellate Court and the same were dismissed, while affirming the judgment of the Trial Court, vide its judgment dated 05.12.2025. Counsel has annexed the Certificates under Rule 311 of High Court Rules, 1952 to the effect that the applicants were on bail during trial & pendency of appeals and presently, they are behind the bars since 05.12.2025. 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. 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 Satish Kumar Son Of Nandlal & Naresh Son Of Ramgopal, by the [2026:RJ-JP:9036] (3 of 3) [SOSR-596/2025] Trial Court vide judgment dated 12.09.2017 and affirmed by the Appellate Court vide judgment dated 05.12.2025 shall remain suspended during the pendency of the revision petitions, 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 27.03.2026 and thereafter, as and when they are called upon to do so. (VINOD KUMAR BHARWANI),J SAURABH /70-71