HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 657/2025 Sanwarmal S/o Shri Hardutt Ram, Aged About 61 Years, R/o Depalsar, Police Station Sadar Churu, District Churu (Rajasthan)

(At Present Lodged In Distt. Jail, Churu)

----Petitioner Versus State Of Rajasthan, Pp ----Respondent For Petitioner(s) : Mr. Mool Singh Panwar For Respondent(s) : Mr. Surendra Bishnoi, PP HON'BLE MR. JUSTICE SANDEEP SHAH

Order

19/08/2025 IN S.B. Criminal Misc. Suspension of Sentence Application No.155/2025:-

1. The present application (I.A. No.02/2025) has been filed by the petitioner for correction in the order dated 13.08.2025 passed by this Court.

2. It is submitted in the application that in the order dated 13.08.2025 due to inadvertent typographical error in paragraph No.5, condition No.4 has wrongly been typed. Thus, it is prayed that while allowing the application, the said condition may be deleted.

3. Learned Public Prosecutor does not oppose the application.

4. Considering the submissions made, it is apparent that due to typographical error the condition No. 4 in paragraph No.5 of the order dated 13.08.2025 has been specified, whereas the case in hand is not a case of conviction under the Negotiable Act, 1881 but under the Rajasthan Excise Act, 1950.

4. Accordingly, the application is allowed. The condition No.4 in paragraph No.5 of the order dated 13.08.2025 is ordered to be deleted and the corrected order reads as under:-

“1. Heard learned counsel for the petitioner and learned public prosecutor on application for suspension of sentence.

2. Learned counsel for the petitioner submits that the petitioner has got no criminal antecedents and that the petitioner has been behind the bars for about three months as against the punishment of simple imprisonment of two years imposed upon him. He further raises arguable issues with regard to the validity of the recovery of the excisable articles and submits that the accused-

petitioner was on bail during the course of the trial also.

3. Learned Public Prosecutor opposes the application for Suspension of Sentence and submits that are concurrent findings of two Courts below and thus the case in hand is not a case for grant of any indulgence to the petitioner.

4. Upon consideration of the arguments advanced having regard to the facts and circumstances of the case considering that the applicant is behind the bars since 09.05.2025, including the fact that the accused-petitioner was on bail during the trial and there is no likelihood of the revision petition being heard in the near future, this court is of the opinion that it is a fit case for suspending the substantive sentence awarded to the accused applicant.

5. Accordingly, the application for suspension of sentence filed under Section 397/401 Cr.P.C. is allowed and it is ordered that the substantive sentences passed by the Learned Chief Judicial Magistrate, Churu in Criminal Regular Case No.1018/2014 vide order dated 22.07.2022 as affirmed by the Learned Additional Sessions Judge Churu vide order dated 20.09.2023 in Criminal Appeal No.38/2022 against the accused-petitioner Sanwarmal S/o Shri Hardutt Ram shall remain suspended, till final disposal of the aforesaid revision and he shall be released on bail, provided he executes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each of to the satisfaction of the learned trial Judge for his appearance in this court on 19.09.2025 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

1. That he/she/they will appear before the trial Court in the month of January of every year till the appeal is decided.

2. That if the applicant(s) changes the place of residence, he/she/they will give in writing his/her/their changed address to the trial Court as well as to the counsel in the High Court.

3. Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court.

6. The le