[2025:RJ-JP:25522] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 3431/2025 1. Dinesh Son Of Shri Sultan Resident Of Bala Kheda, Police Station Anta, District Baran (Rajasthan). (Presently Confined In District Jail, Sawai Madhopur). 2. Banwari Son Of Shri Sultan, Resident Of Bala Kheda, Police Station Anta, District Baran (Rajasthan). (Presently Confined In District Jail, Sawai Madhopur). ----Petitioners Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Rajneesh Gupta Mr. Rahul Sharma Mr. Aamir Khan Ms. Chanchal For Respondent(s) : Mr. Shree Ram Dhakar, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 10/07/2025 1. By way of this criminal misc. petition under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (in short ‘BNSS’),the accused-petitioners have approached this Court against the order dated 08.05.2025 passed by learned Additional Sessions Judge, Sawai Madhopur in Criminal Appeal No.69/2023 whereby application under Section 389 Cr.P.C. filed by the petitioners for suspension of execution of sentence was dismissed. 2. Relevant facts of the case are that petitioner along with other co-accused were tried in Criminal Regular Case No.11568/2018, CR No.3/2018 before the Court of learned Additional Chief Judicial [2025:RJ-JP:25522] (2 of 3) [CRLMP-3431/2025] Magistrate (Railways), Kota, District Kota. Vide judgment dated 25.07.2023, the accused petitioners along with other accused persons were convicted for offence punishable under Section 3 of the Railway Protection (unauthorized possession) Act, 1986 and were sentenced for three years simple imprisonment and fine of Rs.10,000/- (Ten Thousand Rupees), and in default of payment of fine to further undergo simple imprisonment of one month. 3. Learned counsel for the petitioners submits that sentence imposed by the learned trial Court was suspended for one month. An appeal was preferred by the petitioners alongwith application under Section 389 Cr.PC for suspension of execution of sentence and vide order dated 22.08.2023, same was accepted and the execution of sentence was suspended during pendency of the appeal and the petitioners alongwith other co-accused were ordered to be released on bail subject to furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only). Counsel submits that due to some confusion and communication gap, petitioners could not furnish the bonds and in these circumstances, warrant of arrest was issued and petitioners were taken into custody on 28.04.2025. Counsel submits that thereafter, another application was filed by the petitioners under Section 389 Cr.P.C. for suspension of execution of sentence but same was dismissed by learned Appellate Court vide order dated 08.05.2025. 4. Learned State Counsel opposes the submissions made by counsel for the petitioners. [2025:RJ-JP:25522] (3 of 3) [CRLMP-3431/2025] 5. Upon a consideration of the arguments advanced on behalf of the appellant and having regard to the facts and circumstances as available on the record, especially the fact that maximum term of sentence is three years and he is in custody since 28.04.2025 and owing to some communication gap and confusion, petitioners could not furnish bail bonds in terms of the order dated 22.08.2023 passed by learned Appellate Court, this Court is of the opinion that it is a fit case for suspending the sentence awarded to the accused appellant during pendency of the instant appeal. 6. Accordingly, the instant misc. Petition is allowed. The order dated 08.05.2025 passed by learned Additional Sessions Judge, Sawai Madhopur in Criminal Appeal No.69/2023 is quashed and set aside and it is hereby ordered that the sentence passed by the learned Additional Chief Judicial Magistrate (Railways), Kota, District Kota in Criminal Regular Case No.11568/2018, CRNo.3/2018 against the petitioners Dinesh S/o Shri Sultan & Banwari S/o Shri Sultan shall remain suspended till final disposal of the appeal and he shall be released on bail, provided they execute 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 for their appearance in trial court whenever ordered to do so. Stay application also stands disposed of. (PRAVEER BHATNAGAR),J HEENA/55