RADHAKISHAN @ KALUA SON OF DEVIRAM v. STATE OF RAJASTHAN
SOSR/121/2026 · 2026-03-25
Vinod Kumar Bharwani
Transfer Petitionbody2026
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[ 2026 DAILYLAW 4374 (RAJ) · dailylaw.ai ]
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[ 2026 DAILYLAW 4374 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2026:RJ-JP:12682] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Suspension of Sentence Application No.121/2026 In S.B. Criminal Revision Petition No. 439/2026 Radhakishan @ Kalua Son Of Deviram, Aged About 51 Years, R/o Gaushala Ke Samne, Kumher, Police Station Kumher District Bhartpur (Raj.) (At Present Confined In District Jail, Alwar) ----Petitioner Versus State Of Rajasthan, Through P.P. ----Respondent For Petitioner(s) : Mr. Gordhan Singh For Respondent(s) : Ms. Manju Dave, PP HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI
Order 25/03/2026 This application for suspension of sentence has been filed by the applicant-petitioner alongwith the revision petition.
Learned counsel for the applicant-petitioner submits that the applicant-petitioner has been convicted by the learned Trial Court for offence(s) under Section(s) 279 & 304A of I.P.C. and sentenced with a maximum period of two years simple imprisonment along with fine as per judgment dated 02.06.2018. Counsel further submits that the applicant-petitioner has also filed an appeal before the learned Appellate Court and the same was dismissed, while affirming the judgment of the Trial Court, vide its
judgment dated 23.02.2026. Counsel has annexed the Certificate under Rule 311 of High Court Rules, 1952 to the effect that the applicant was on bail during trial & pendency of appeal and
[2026:RJ-JP:12682] (2 of 2) [SOSR-121/2026] presently, he is behind the bars since 23.02.2026. Counsel also submits that the learned Trial Court has not appreciated the facts & circumstances of the case holistically and the hearing of the revision petition will take its own time, hence, the sentence awarded to the applicant-petitioner may be suspended during the pendency of the revision petition. 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-petitioner. Accordingly, this application for suspension of sentence, is allowed and it is hereby ordered that the execution of sentence awarded to the applicant-petitioner, namely Radhakishan @ Kalua Son Of Deviram, by the Trial Court vide judgment dated 02.06.2018 and affirmed by the Appellate Court vide judgment dated 23.02.2026 shall remain suspended during the pendency of the revision petition, provided he 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 he shall appear before this Court on 25.04.2026 and thereafter, as and when he is called upon to do so.
(VINOD KUMAR BHARWANI),J SAURABH /56