HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Application For Suspension of Sentence No.10424/2025 In S.B. Criminal Revision Petition No.1569/2025 Raju S/o Bholuram Godputra Mangilal Khatik, Aged About 42 Years, Resident Of Panchmukhi Hanuman Colony, Dadawadi, Bhilwara, Police Station Bhimganj, District Bhilwara, Rajasthan.

[presently Lodged At District Jail Rajsamand]

----Petitioner Versus

1.State Of Rajasthan, Through Public Prosecutor.

2. Suresh Datt Sharma S/o Kalytan Datt Sharma, Residentof H.No.3/54, Saket Nagar, Beawar, currently residing at Police Station Bhim, District Rajsamand, Rajasthan.

----Respondent For Petitioner(s) : Mr. Prakash Banjara.

For Respondent(s) : Mr. Surendra Bishnoi, PP.

HON'BLE MR. JUSTICE MUKESH RAJPUROHIT

Order

18/12/2025 Heard learned counsel for the parties on the application for Suspension of Sentence (Revision).

Learned counsel for the petitioner submits that accused-

petitioner has been falsely implicated in this case. He further submits that hearing of criminal revision petition will take significantly long time, therefore, application of suspension of sentence (revision) may be allowed.

Learned Public Prosecutor has opposed application for suspension of sentence.

Having regard to the facts and circumstances of the case so also the facts and grounds raised in the instant petition and considering the fact that hearing of the revision petition, preferred by the petitioner against the impugned judgment, will take sufficient time, this Court considers it just and proper to suspend the sentence awarded to the accused-petitioner.

Accordingly, present application for suspension of sentence is allowed and it is ordered that sentence passed by learned Additional Chief Judicial Magistrate, Bhim, District Rajsamand in Criminal Original Case No.239/2013 vide judgment dated 03.12.2018 as modified by learned Additional Sessions Judge, Rajsamand vide judgment dated 20.11.2025 passed in Cr. Appeal No.16/2021 against accused-petitioner -Raju S/o Bholuram Godputra Mangilal Khatik, 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 19.01.2026 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

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

2. That if the petitioner changes the place of residence, he/they will give in writing his/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, they will give in writing their changed address to the trial Court.

The learned trial Court shall keep the record of attendance of the accused-petitioner in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused- petitioner was tried and convicted. A copy of this order shall also be placed in that file for ready reference. Criminal Misc. file shall not be taken into account for statistical purpose relating to pendency and disposal of cases in the trial Court. In case the said accused-petitioner does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.

(MUKESH RAJPUROHIT),J

133-/Jitender//-