[2025:RJ-JP:34637] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Suspension of Sentence Application No.298/2025 In S.B. Criminal Revision Petition No. 1286/2025 Ramesh Chand S/o Omkar Lal, Aged About 21 Years, R/o Mahesara Police Station Bali District Sawai Madhopur (Raj) (Presently Confined In Sub Jail Ramganjmandi) ----Petitioner Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Petitioner(s) : Mr. Hitanshu Joshi with Mr. Sahil Lodiya For Respondent(s) : Mr. Onkar Singh Rajpurohit, P.P. HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 29/08 /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 16.12.2016 passed by learned Additional Chief Judicial Magistrate, Ramganjmandi, District Kota and affirmed by the learned Appellate Court vide judgment dated 28.02.2025 passed by learned Additional Sessions Judge, Ramganjmandi, District Kota. Learned counsel for the petitioner submits that the petitioner has been convicted by the learned Trial Court for the offence(s) under Sections 406 & 409 of I.P.C. and sentenced with a [2025:RJ-JP:34637] (2 of 3) [CRLR-1286/2025] maximum period of three years simple imprisonment along with fine as per judgment dated 16.12.2016 passed by learned Additional Chief Judicial Magistrate, Ramganjmandi, District Kota. Counsel further submits that the petitioner has also filed an appeal before the learned Appellate Court and the same was dismissed, while affirming the judgment of the Trial Court, vide its judgment dated 28.02.2025 passed by learned Additional Sessions Judge, Ramganjmandi, District Kota. Counsel has annexed the Certificate under Rule 311 of High Court Rules, 1952 to the effect that the applicant was on bail during trial and presently, he is behind the bars for more than eight months. Counsel also submits that the judgment of conviction & sentence passed by the Courts below, is 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. Learned Public Prosecutor has vehemently opposed the prayer regarding suspension of sentence. 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 petitioner. Accordingly, this application for suspension of sentence, is allowed and it is hereby ordered that the execution of sentence awarded to the petitioner, namely Ramesh Chand S/o Omkar Lal, by the Trial Court vide judgment dated 16.12.2016 passed by learned Additional Chief Judicial Magistrate, Ramganjmandi, [2025:RJ-JP:34637] (3 of 3) [CRLR-1286/2025] District Kota, and affirmed by the Appellate Court vide judgment dated 28.02.2025 passed by learned Additional Sessions Judge, Ramganjmandi, District Kota, shall remain suspended during the pendency of the revision petition, provided he 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 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. (VINOD KUMAR BHARWANI),J SAURABH /32