Rajasthan High Court – Jodhpur
Devilal vs State Of Rajasthan (2026:Rj-Jd:19498) on 24 April, 2026
Author: Farjand Ali
Bench: Farjand Ali
[2026:RJ-JD:19498]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Suspension Of Sentence(Revision) No. 121/2026
1. Devilal S/o Shobhalal, Aged About 34 Years, Sinchai
Nagar, Keer Kheda, District Chittorgarh, Rajasthan. (At
Present Lodged In Chittorgarh Jail)
2. Bhairulal S/o Shobhalal, Aged About 27 Years, Sinchai
Nagar, Keer Kheda, District Chittorgarh, Rajasthan. (At
Present Lodged In Chittorgarh Jail)
----Petitioners
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Shree Kant Verma
For Respondent(s) : Mr. Shri Ram Choudhary, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
24/04/2026
1. The instant application for suspension of sentence has been
moved on behalf of the applicants in the matter of judgment dated
24.03.2026 passed by the learned Sessions Judge, District
Chittorgarh in Criminal Appeal No.96/2023 whereby they were
convicted and sentenced to suffer maximum 2 years’ simple
imprisonment under Section 452 of the IPC and lesser punishment
for the other offences under Sections 323/34 of the IPC
2. It is contended on behalf of the applicants 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; hearing of the revision is likely to
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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 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 the accused-petitioner
was on bail during the course of trial and the 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 Session Judge who passed the
impugned order 24.03.2026 in Criminal Appeal No.96/2023
against the petitioner-applicants (i) Devilal S/o Shobhalal and (ii)
Bhairulal S/o Shobhalal shall remain suspended till final disposal of
the aforesaid revision and they shall be released on bail provided
each of them execute a personal bond in the sum of Rs.50,000/-
with two sureties of Rs.25,000/- each to the satisfaction of the
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learned trial Judge and whenever ordered to do so till the disposal
of the appeal on the conditions indicated below:-
(1) That they will appear before the trial Court in the
month of January of every year till the appeal is decided.
(2) That if the applicants change the place of residence,
they will give in writing their changed addresses 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-applicants in a separate file. Such file be registered as
Criminal Misc. Case related to original case in which the accused-
applicants were 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 applicants do not appear before the trial court, the
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(FARJAND ALI),J
45-Arjun/-
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