[2025:RJ-JP:25522] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 3626/2025 Brijesh @ Brij Bihari Son Of Sultan, Resident Of Balakheda, Police Station, Anta, District Baran (Rajasthan) ----Petitioner Versus The State Of Rajasthan, Through P.p. ----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-petitioner has approached this Court against the order dated 28.05.2025 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 petitioner 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 Magistrate (Railways), Kota, District Kota. Vide judgment dated 25.07.2023, the accused petitioner along with other accused persons were convicted for offence punishable under Section 3 of [2025:RJ-JP:25522] (2 of 3) [CRLMP-3626/2025] 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 petitioner submits that sentence imposed by the learned trial Court was suspended for one month. An appeal was preferred by the petitioner 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 petitioner 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, petitioner could not furnish the bonds and in these circumstances, warrant of arrest was issued and petitioner was taken into custody on 28.04.2025. Counsel submits that thereafter, another application was filed by the petitioner under Section 389 Cr.P.C. for suspension of execution of sentence but same was dismissed by learned Appellate Court vide order dated 28.05.2025. 4. Learned State Counsel opposes the submissions made by counsel for the petitioner. 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 [2025:RJ-JP:25522] (3 of 3) [CRLMP-3626/2025] and owing to some communication gap and confusion, petitioner 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 28.05.2025 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 petitioner Brijesh @ Brij Bihari S/o Sultan shall remain suspended till final disposal of the appeal 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 for his appearance in trial court whenever ordered to do so. Stay application also stands disposed of. (PRAVEER BHATNAGAR),J HEENA/54