[2025:RJ-JP:10893] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Suspension of Sentence Application No.6/2025 In S.B. Criminal Revision Petition No. 36/2025 Kalu Chaurasiya Son Of Kishan Lal, Aged About 45 Years, Resident Of Mandawar Police Station Mandawar District Jhalawar (Raj) (At Present In Central Jail Kota) ----Accused-Applicant Versus State Of Rajasthan, Through PP ----Respondent For Applicant : Mr. Pradeep Malik, Adv. For Respondent : Mr. Rishiraj Singh Rathore, PP HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 10/03/2025 1. Matter comes up on an application (CMCR No.10/2025) filed under Section 5 of the Limitation Act for condoning the delay in filing the revision petition. 2. For the reasons stated in the application, the same is allowed. 3. Delay in filing the revision petition is condoned. 4. 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 29.08.2024 [2025:RJ-JP:10893] (2 of 3) [SOSR-6/2025] passed by learned Sessions Judge, Jhalawar (hereinafter referred to as the 'Appellate Court') in Criminal Appeal No.38/2023. 5. The accused-applicant was tried by learned Additional Chief Judicial Magistrate, Jhalrapatan (hereinafter referred to as the 'trial Court') in Regular Criminal Case No.300/2018 by which the accused-applicant was convicted and sentenced for the offence punishable under section 379 of IPC as three years’ rigorous imprisonment with fine of Rs.1,000/- in default thereof, further sentence of one month simple imprisonment. 6. Against the judgment passed by learned trial Court, the Criminal Appeal No.38/2023 was filed before learned Appellate Court and the Appellate Court while partly allowing the appeal, maintained the conviction, however sentence of three years’ rigorous imprisonment against the accused-applicant was reduced to two years’ rigorous imprisonment. 7. Feeling aggrieved of the orders dated 29.08.2024 and 18.11.2022, the present application for suspension has been filed by the accused-applicant. 8. Learned counsel for the accused-applicant contended that the accused-applicant has served the sentence for more than one year and eight months against the sentence awarded of two years. 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. 9. Learned Public Prosecutor vehemently opposed the prayer made on behalf of the accused-applicant and produced the [2025:RJ-JP:10893] (3 of 3) [SOSR-6/2025] custody certificate of the applicant. The custody certificate dated 25.02.2025 is taken on record. 10. Heard learned counsel for the parties and perused the material available on record. 11. Considering the facts and circumstances of the case and also considering the fact that the revision petition is not likely to be disposed of in near future and also the fact that the applicant has served the sentence of more than one year and eight months, 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. 12. Accordingly, the application for suspension of sentence is allowed and it is ordered that the sentence awarded vide orders dated 29.08.2024 and 18.11.2022 to the accused-applicant namely, Kalu Chaurasiya S/o Kishan Lal in the matter shall remain suspended during pendency of this petition, provided he furnishes a personal bond in the sum of Rs.1,00,000/- along with two sureties in the sum of Rs.50,000/- each to the satisfaction of the concerned trial Court with the stipulation that he shall appear before this court on 07.04.2025 and thereafter as and when called upon to do so. (ASHUTOSH KUMAR),J AARZOO ARORA /36