Yogendra Singh S/O Ramswaroop Vs State of Rajasthan — Rajasthan HC (2026) — LawSathi Research

Yogendra Singh S/O Ramswaroop Vs State of Rajasthan — Rajasthan HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Application for suspension of sentence allowed; execution of sentence suspended during pendency of the revision petition, subject to a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the trial Court, and appearance before the Court on 13.03.2026 and thereafter as and when called upon.

Issue for consideration

Whether the sentence awarded to the petitioner should be suspended during the pendency of the revision petition.

Court's answer

Taking into consideration the conviction, the term of sentence and the submissions made at bar, and without commenting upon the merits of the case, the Court found it just and proper to suspend the sentence awarded to the petitioner during the pendency of the revision petition.

Ratio / Principle

Execution of the sentence awarded to the petitioner by the trial Court as well as the Appellate Court shall remain suspended during the pendency of the revision petition, subject to furnishing a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the trial Court, and an appearance before the Court on 13.03.2026 and thereafter as called upon.

Detailed headnote1 paragraphs

Suspension of sentence — Section 438, Bharatiya Nagarik Suraksha Sanhita, 2023 — Petitioner convicted by the Additional Chief Judicial Magistrate, Sikrai, District Dausa vide judgment dt.13.01.2025 in Criminal Regular Case No.302/2015 and sentenced to a maximum of two years' rigorous imprisonment with fine; conviction and sentence confirmed by the Additional Sessions Judge, Sikrai, District Dausa vide judgment dated 05.01.2026 in Criminal Regular Appeal No.1/2025; revision petition pending — Held, taking into consideration the conviction, the term of sentence and the submissions made at bar, and without commenting upon the merits, it is just and proper to suspend the sentence during the pendency of the revision petition; execution of sentence suspended subject to the petitioner furnishing a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the trial Court and appearing before the Court on 13.03.2026 and thereafter as called upon. (Rajasthan High Court, Jaipur Bench, order dated 13/02/2026, Vinod Kumar Bharwani, J.)

[2026:RJ-JP:7146]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous Application No.4/2026

(Suspension of Sentence)

IN

S.B. Criminal Revision Petition No. 43/2026

Yogendra Singh S/o Ramswaroop, R/o Mungawali, Police Station Civil Line, Muraina, District Muraina, Madhya Pradesh. (At Present Confined In District Jail Dausa).

----Petitioner

Versus

State of Rajasthan through Public Prosecutor

----Respondent

For Petitioner(s) : Mr. Ankur Singh Tomar, Advocate For Respondent(s) : Mr. Onkar Singh Rajpurohit, P.P.

HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order

13/02/2026 :

Instant application for suspension of sentence has been preferred on behalf of petitioner under Section 438 of the Bharatiya Nagarik Suraksha Sanhita, 2023 alongwith the revision petition seeking suspension of the sentence awarded by the Court of ld. Additional Chief Judicial Magistrate, Sikrai District Dausa (hereinafter referred to as the ld. trial Court) vide judgment dt.13.01.2025 in Criminal Regular Case No.302/2015, whereby the petitioner was convicted for the alleged offence(s) & sentenced to undergo the maximum period of two-years rigorous imprisonment with fine. The said conviction & sentence were confirmed by the Court of ld. Additional Sessions Judge, Sikrai District Dausa (hereinafter referred to as the ld. Appellate Court) vide judgment dated 05.01.2026 in Criminal Regular Appeal No.1/2025.

Submissions of learned counsel appearing for the petitioner are that the petitioner was on bail during trial as well as appeal. The petitioner is in judicial custody since 05.01.2025. The Trial Court has

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[2026:RJ-JP:7146]

[CRLR-43/2026]

not appreciated the facts & circumstances of the case holistically and the hearing of the petition will take its own time, hence, the sentence awarded to the petitioner may be suspended during the pendency of the revision petition.

Learned Public Prosecutor appearing for State vehemently opposed the submissions made herein-above.

Heard learned counsel appearing for the parties and perused the material on record.

Taking into consideration the conviction, the term of sentence & the submissions made at bar and without commenting upon the merits of the case, this Court deems it just and proper to suspend the sentence awarded to the petitioner during the pendency of the revision petition.

Accordingly, the application for suspension of sentence is allowed and it is, hereby, ordered that the execution of sentence awarded to petitioner, namely Yogendra Singh S/o Ramswaroop by the ld. Trial Court as well as ld. Appellate Court shall remain suspended during pendency of the revision petition, provided he furnishes a personal bond in the sum of Rs.50,000/- together with two sureties of Rs.25,000/- each, to the satisfaction of the ld. trial Court with the stipulation that he shall appear before this Court on 13.03.2026 and thereafter, as and when he is called upon to do so.

(VINOD KUMAR BHARWANI),J

ASHOK