[2025:RJ-JP:6540] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Suspension of Sentence Application No.5/2025 In S.B. Criminal Revision Petition No. 24/2025 Mahesh Chand Mehta Son Of Prabhulal Mehta, Aged About 41 Years, Resident Of Gadreta P.s. Kelwara District Baran (Raj) (The Accused Is Confined at Central Jail Kota) ----Accused-Applicant Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Applicant : Mr. Ram Singh Gurjar, Adv. with Mr. Sagar Sharma, Adv. on behalf of Mr. Manish K. Sharma, Adv. For Respondent : Mr. Jitendra Singh Rathore, PP HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 14/02/2025 1. The present application for suspension of sentence has been filed by the accused-applicant under Section 438 read with Section 442 of B.N.S.S., 2023 challenging the order dated 20.12.2024 passed by the learned District and Sessions Judge, Baran (hereinafter referred to as the 'Appellate Court') in Criminal Appeal No.166/2023 whereby, learned Appellate Court while dismissing the appeal filed on behalf of the accused-applicant, affirmed the conviction and sentence vide order dated 21.10.2023 passed by learned Additional Chief Judicial Magistrate, Shahbad, District Baran (hereinafter referred to as the 'trial Court') in Regular [2025:RJ-JP:6540] (2 of 3) [CRLR-24/2025] Criminal Case No.34/2014 by which the accused-applicant was acquitted for the offence punishable under Sections 420, 467, 468 read with Section 120-B of IPC, however, the accused-applicant was convicted and sentenced for the offence punishable under Section 471 of IPC for one year simple imprisonment with fine of Rs.1000/- and in default thereof, 15 days' simple imprisonment. 2. Feeling aggrieved of the orders dated 20.12.2024 and 21.10.2023, the present application for suspension has been filed by the accused-applicant. 3. Learned counsel for the accused-applicant submitted that the accused-applicant has a strong prima-facie case in his favour and there is likelihood that the accused-applicant will succeed in the revision petition. Learned counsel also submitted that in this case, the accused-applicant was acquitted for the offence punishable under Sections 420, 467, 468 read with Section 120-B of IPC, however, he has been convicted and sentenced for the offence punishable under Section 471 of IPC and the maximum sentence awarded to him by learned trial Court is one year simple imprisonment with fine. 4. Learned counsel for the accused-applicant contended that the accused-applicant is behind the bars since 20.12.2024 and the revision petition is not likely to be disposed of in near future, therefore, the present application filed on behalf of the accused- applicant be allowed and his sentence be suspended. 5. Learned Public Prosecutor vehemently opposed the prayer made on behalf of the accused-applicant. 6. Heard learned counsel for the parties and perused the material available on record. [2025:RJ-JP:6540] (3 of 3) [CRLR-24/2025] 7. Considering the facts and circumstances of the case and also considering the fact that accused-applicant is behind the bars since 20.12.2024 and also considering that the decision of the revision petition is likely to take time, but without commenting upon the merits of the case, this Court deems it just and proper to suspend the sentence awarded to the accused-applicant. 8. Accordingly, the application for suspension of sentence is allowed and it is ordered that the sentence awarded vide orders dated 20.12.2024 and 21.10.2023 to the accused-applicant namely, Mahesh Chand Mehta S/o Prabhulal Mehta, in the matter shall remain suspended during pendency of petition, provided he furnishes a personal bond in the sum of Rs.50,000/- along with two sureties in the sum of Rs.25,000/- each to the satisfaction of the concerned trial Court with the stipulation that he shall appear before this court on 17.03.2025 and thereafter as and when called upon to do so. (ASHUTOSH KUMAR),J AARZOO ARORA /09