HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension of Sentence Application No.76/2020 IN S.B. Criminal Revision Petition No. 307/2025

1. Dinesh S/o Sitaram, Aged About 31 Years, R/o Borda, Bavriyan, P.s. Shahpura, Dist. Bhilwara

2. Omprakash S/o Bhagirath, Aged About 33 Years, R/o Borda, Bavriyan, P.s. Shahpura, Dist. Bhilwara ----Petitioners Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : --

For Respondent(s) : Mr. Surendra Bishnoi, AGA HON'BLE MR. JUSTICE FARJAND ALI

Order

05/01/2026

1. The instant application for suspension of sentence has been moved on behalf of the applicants in the matter of judgment dated 29.11.2017 passed by the learned Additional Chief Judicial Magistrate No.1, District Bhilwara in Criminal Regular Case No.275/2016 (51/16) whereby they were convicted and sentenced to suffer maximum imprisonment of 1 year R.I. under Section 379 of IPC and lesser punishment for the other offences under Section

201 of IPC.

2. Lawyers are abstaining from giving appearance.

3. Learned public prosecutor has vehemently opposed the application for suspension of sentence.

4. Heard learned counsel for the State and perused the material available on record.

5. Considering that the alleged offence is triable by a Court of Magistrate and does not prescribe punishment exceeding three years; having regard to the period of detention already undergone by the petitioner; and taking into account that the hearing of the revision petition is not likely to take place in the near future, this Court, after considering the submissions of learned counsel for the parties and the totality of facts and circumstances of the case, is of the opinion that the revision is likely to take further time. While refraining from making any observations on the merits of the matter or the alleged defects in the prosecution case, as such observations may adversely affect the hearing of the revision, this Court finds that a case for suspension of sentence is made out. Thus, the sentence awarded to the accused-petitioner deserves to be suspended.

6. Accordingly, the application for suspension of sentence filed under Section 397/401 Cr.P.C. is allowed and it is ordered that the sentence passed by learned Additional Chief Judicial Magistrate No.1, District Bhilwara who passed the impugned order 29.11.2017 in Criminal Regular Case No.275/2016 (51/16) against the petitioners-applicant Dinesh S/o Sitaram and Omprakash S/o Bhagirath shall remain suspended till final disposal of the aforesaid revision and they shall be released on bail provided they execute a personal bond in the sum of Rs.50,000/-with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for their appearance in this court on 05.02.2026 and whenever ordered to do so till the disposal of the revision on the conditions indicated below:-

(1) That they will appear before the trial Court in the month of January of every year till the revision is decided.

(2) That if the applicants change the place of residence, they will give in writing their changed address to the trial Court as well as to the counsel in the High Court.

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

(FARJAND ALI),J

21-Samvedana/-