Buddhiprakash S/O Shri Bhanwarlal Vs State of Rajasthan — Rajasthan HC (2025) — LawSathi Research

Buddhiprakash S/O Shri Bhanwarlal Vs State of Rajasthan — Rajasthan HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Suspension of the sentence awarded by the trial Court and affirmed by the appellate Court in Criminal Case No.05/2011 during pendency of the revision petition; release on bail upon furnishing a personal bond of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Court, with appearance before this Court on 18.08.2025 and thereafter as and when called upon.

Issue for consideration

Whether the sentence imposed on the accused-applicant (awarded by the trial Court and affirmed by the appellate Court in Criminal Case No.05/2011) should be suspended during pendency of S.B. Criminal Revision Petition No. 1183/2025, with his release on bail.

Court's answer

Without commenting on the merits/demerits of the case, and considering the arguments advanced by the parties, the Court deemed it just and proper to suspend the sentence awarded to the applicant.

Ratio / Principle

The application for suspension of sentence is allowed: the sentence awarded by the trial Court and affirmed by the appellate Court in Criminal Case No.05/2011 shall remain suspended during pendency of the petition; the applicant is to be released on bail on furnishing a personal bond of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Court, and shall appear before this Court on 18.08.2025 and thereafter as and when called upon.

Detailed headnote1 paragraphs

Rajasthan High Court (Jaipur Bench), Justice Uma Shanker Vyas, 15/07/2025: Allowed the suspension-of-sentence application (S.B. Criminal Misc. Suspension of Sentence Application No.266/2025) moved by Buddhiprakash in pending S.B. Criminal Revision Petition No. 1183/2025 against the sentence awarded by the learned trial Court and affirmed by the learned appellate Court in Criminal Case No.05/2011. Without commenting on the merits/demerits of the case, the Court suspended the sentence during pendency of the petition and ordered the applicant's release on bail on furnishing a personal bond of Rs.1,00,000/- along with two sureties of Rs.50,000/- each, to the satisfaction of the learned trial Court, with a stipulation that he appear before the Court on 18.08.2025 and thereafter as and when called upon.

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Misc. Suspension of Sentence Application No.266/2025

In

S.B. Criminal Revision Petition No. 1183/2025

Buddhiprakash S/o Shri Bhanwarlal, Aged About 58 Years, R/o Village Kanwas Police Station Kanwas District Kota (Rajasthan) (Presently Confined In Central Jail Kota)

----Petitioner

Versus

State of Rajasthan, Through PP

----Respondent

For Petitioner(s)	: Mr. Nitin Kumar Sharma,Adv.
For Respondent(s)	: Mr. Onkar Singh Rajpurohit,P.P.

HON'BLE MR. JUSTICE UMA SHANKER VYAS

Judgment / Order

15/07/2025

Heard learned counsel for the parties on the application filed for suspension of sentence and perused the entire material available on record.

Learned counsel for the accused-applicant submits that there is no reliable and legally acceptable evidence to hold the accusedapplicant guilty for the alleged offence(s) and there is every likelihood of succeeding in the criminal revision. Learned counsel further submits that accused-applicant was on bail during trial and presently he is behind bars. Learned counsel further submits that final hearing of the revision is likely to take time thus sentence of the accused-applicant may be suspended.

[SOSR-266/2025 in CRLR1183/2025]

(2 of 2)

Learned Public Prosecutor has vehemently opposed the prayer regarding suspension of sentence.

I have considered the submissions made by learned counsel for the parties.

Without commenting upon the merits/demerits of the case and considering the arguments advanced by the parties, this Court deems it just and proper to suspend the sentence awarded to the applicant.

Accordingly, the application for suspension of sentence is allowed and it is ordered that the sentence awarded by the learned trial Court and affirmed by the learned appellate Court against the accused-applicant namely, Buddhiprakash S/o Shri Bhanwarlal in Criminal Case No.05/2011 shall remain suspended during pendency of the petition and he shall be released on bail, provided he furnishes a personal bond in the sum of Rs.1,00,000/along with two sureties in the sum of Rs.50,000/- each to the satisfaction of the learned trial Court with the stipulation that he shall appear before this Court on 18.08.2025 and thereafter as and when called upon to do so.

(UMA SHANKER VYAS),J

YOGESH KUMAR /20