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2025 DAILYLAW 22233 (RAJ)

NAVNEET SINGH S/O SHIVRAJ SINGH v. JASVEER SINGH S/O PRAKASH SINGH

SOSR/232/2025 · 2025-08-29

Vinod Kumar Bharwani

body2025

Judgment text

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[2025:RJ-JP:34630] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Suspension of Sentence Application No.232/2025 In S.B. Criminal Revision Petition No. 1067/2025 Navneet Singh S/o Shivraj Singh, Resident Of Village Sambarwadi Village Panchayat Dabeta Tehsil Hindoli District Bundi (Rajasthan) ----Petitioner Versus Jasveer Singh S/o Prakash Singh, Resident Of Talera Police Station Talera District Bundi Raj ----Respondent For Petitioner(s) : Mr. Manvendra Singh For Respondent(s) : HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 29/0 8/2025 This application for suspension of sentence has been filed by the petitioner under Section 438 r/w Section 442 of B.N.S.S. seeking suspension of sentence awarded by learned Trial Court vide judgment dated 01.02.2020 and affirmed by the learned Appellate Court vide judgment dated 03.05.2025. Learned counsel for the applicant-petitioner submits that the applicant has been convicted by the learned Trial Court for offence(s) under Section(s) 138 of N.I. Act and sentenced with a maximum period of one year simple imprisonment along with fine as per judgment dated 01.02.2020 passed by learned Judicial Magistrate, Bundi. The applicant has also filed an appeal before [2025:RJ-JP:34630] (2 of 3) [CRLR-1067/2025] the learned Appellate Court and the same was dismissed, while affirming the judgment of the Trial Court, vide its judgment dated 03.05.2025 passed by learned Sessions Judge, Bundi. Counsel has annexed the Certificate under Rule 311 of High Court Rules, 1952 to the effect that he is behind the bars. Counsel also submits that the judgment of conviction & sentence passed by the Trial Court and affirmed by the learned Appellate Court, are totally based upon surmises and conjectures and the revision petition is likely to take long time to conclude. Hence, the sentence awarded to the applicant may be suspended during the pendency of the revision petition. Looking to the term of sentence, without commenting upon the merits of the case and considering the submissions made at bar, this Court deems it just and proper to suspend the sentence awarded to the applicant-petitioner. Accordingly, this application for suspension of sentence is allowed and it is ordered that the execution of sentence awarded to the petitioner, namely Navneet Singh S/o Shivraj Singh, by the learned Trial Court vide judgment dated 01.02.2020 passed by learned Judicial Magistrate, Bundi and affirmed by the learned Appellate Court vide judgment dated 03.05.2025 passed by learned Sessions Judge, Bundi, shall remain suspend during the pendency of the revision petition, provided he shall deposits 30 per cent of cheque amount i.e. Rs.60,000/- amount by way of Demand Draft in the name of respondent and also furnishes a personal bond of Rs.50,000/- together with two sureties of Rs.25,000/- each, to the satisfaction of the learned Trial Court [2025:RJ-JP:34630] (3 of 3) [CRLR-1067/2025] with the stipulation that he shall appear before this Court on 06.10.2025 and thereafter, as and when he is called upon to do so. On deposit of the aforesaid amount, the same shall be released and disbursed to the respondent on an undertaking that if the petitioner succeeds in petition, same would be returned to the petitioner with interest @ 6% per annum within a period of two weeks from the disposal of the revision petition. (VINOD KUMAR BHARWANI),J SAURABH /31