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[2026:RJ-JD:5646]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Suspension Of Sentence(Revision) No. 32/2026

in

S.B. Criminal Revision Petition No.773/2025

Govind S/o Shri Dhul Ji, Aged About 52 Years, R/o Bhoiwara P.s

Kotwali District Dungarpur Raj.

----Petitioner

Versus

State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Mohammad Akbar

For Respondent(s) : Mr. SR Choudhary, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

30/01/2026

1. The instant application for suspension of sentence has been

moved on behalf of the applicant in the matter of judgment dated

06.10.2016 passed by the learned Addl. Chief Judical Magistrate,

Dungarpur in Regular Criminal Case No.415/2004 whereby he was

convicted and sentenced to suffer maximum imprisonment of

three years under Sections 467/120B & 468/120B of IPC and

lesser punishment for the other offences under Sections 471/120B

& 417/120B of IPC.

2. It is contended on behalf of the applicant that the learned

trial Judge has not appreciated the correct, legal and factual

aspects of the matter and thus, reached at an erroneous

conclusion of guilt, therefore, the same is required to be

appreciated again by this court. The co-accused Govind Singh S/o

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Ramchandra (S.B. SOSR No.280/2025) has already been enlarged

on bail. Hearing of the revision is likely to take long time,

therefore, the application for suspension of sentence may be

granted.

3. Per contra, learned public prosecutor has vehemently

opposed the prayer made on behalf of the accused-applicant for

releasing the petitioner on application for suspension of sentence.

4. Heard learned counsel for the parties and perused the

material available on record.

5. Considering the submissions of learned counsel for the

parties and looking to the totality of facts and circumstances of

the case, more particularly the facts that co-accused Govind

Singh S/o Ramchandra (S.B. SOSR No.280/2025) has already

been enlarged on bail. Thus, on the ground of parity the petitioner

shall also be given similar treatment. hearing of revision is likely

to take further more time and considering the overall submissions

while refraining from passing any comments on the niceties of the

matter and the defects of the prosecution as the same may put an

adverse effect on hearing of the revision, this court is of the

opinion that it is a fit case for suspending the sentence awarded to

the accused-petitioner.

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 trial court, the details of which are

provided in the first para of this order, against the appellant-

applicant named above shall remain suspended till final disposal of

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the aforesaid revision and he shall be released on bail provided he

executes 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 and whenever ordered to do so till the disposal of the

revision on the conditions indicated below:-

(1) That he will appear before the trial Court in the

month of January of every year till the revision is

decided.

(2) That if the applicant changes the place of residence,

he will give in writing his 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.

7. The learned trial Court shall keep the record of

attendance of the accused-applicant in a separate file. Such

file be registered as Criminal Misc. Case related to original

case in which the accused-applicant 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