[2025:RJ-JP:34642] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Suspension of Sentence Application No.343/2025 In S.B. Criminal Revision Petition No. 1474/2025 1. Ghanshyam S/o Kalyan, Aged About 50 Years, R/o Bagri Police Station Lalsot District Dausa Rajasthan (Presently Confined In District Jail Dausa District Dausa) 2. Kamlesh S/o Kalyan, Aged About 45 Years, R/o Bagri Police Station Lalsot District Dausa Rajasthan (Presently Confined In District Jail Dausa District Dausa) 3. Hansraj S/o Kalyan, Aged About 50 Years, R/o Bagri Police Station Lalsot District Dausa Rajasthan (Presently Confined In District Jail Dausa District Dausa) 4. Babulal S/o Kalyan, Aged About 32 Years, R/o Bagri Police Station Lalsot District Dausa Rajasthan (Presently Confined In District Jail Dausa District Dausa) 5. Prithviraj S/o Badrilal Meena, Aged About 45 Years, R/o Binjari Police Station Bamanwas, District Sawai Madhopur Rajasthan (Presently Confined In District Jail Dausa District Dausa) ----Petitioners Versus State Of Rajasthan, Through P.P. ----Respondent For Petitioner(s) : Mr. Ravindra Kumar Paliwal 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 petitioners under Section 438 of B.N.S.S. seeking suspension of sentence awarded by the learned Trial Court vide judgment [2025:RJ-JP:34642] (2 of 3) [CRLR-1474/2025] dated 20.11.2019 passed by learned Additional Chief Judicial Magistrate No.2, Lalsot, District Dausa and affirmed by the learned Appellate Court vide judgment dated 12.08.2025 passed by Court of learned Additional Sessions Judge, Lalsot, District Dausa. Learned counsel for the petitioners submits that the petitioners have been convicted by the learned Trial Court for the offences under Sections 147, 341, 323, 342 & 365/149 of I.P.C. and sentenced with a maximum period of three years simple imprisonment along with fine as per judgment dated 20.11.2019 passed by learned Additional Chief Judicial Magistrate No.2, Lalsot, District Dausa. The petitioners have also filed an appeal before the learned Appellate Court and the same was dismissed, while affirming the judgment of the Trial Court, vide its order dated 12.08.2025 passed by Court of learned Additional Sessions Judge, Lalsot, District Dausa. Counsel has annexed the Certificate under Rule 311 of High Court Rules, 1952 to the effect that the petitioners were on bail during trial and presently, they are behind the bars. 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 petitioners should be suspended during the pendency of the revision petition. Learned Public Prosecutor has vehemently opposed the submissions made by learned counsel for the petitioners. Looking to the term of sentence, without commenting upon the merits of the case and considering the submissions made at [2025:RJ-JP:34642] (3 of 3) [CRLR-1474/2025] bar, this Court deems it just and proper to suspend the sentence awarded to the applicant-petitioners. Accordingly, this application for suspension of sentence, is allowed and it is hereby ordered that the execution of sentence awarded to the petitioners, namely Ghanshyam S/o Kalyan, Kamlesh S/o Kalyan, Hansraj S/o Kalyan, Babulal S/o Kalyan & Prithviraj S/o Badrilal Meena, by the Trial Court vide judgment dated 20.11.2019 passed by learned Additional Chief Judicial Magistrate No.2, Lalsot, District Dausa and affirmed by the Appellate Court vide order dated 12.08.2025 passed by Court of learned Additional Sessions Judge, Lalsot, District Dausa, shall remain suspended during the pendency of the revision petition, provided each of them 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 they shall appear before this Court on 06.10.2025 and thereafter, as and when they are called upon to do so. (VINOD KUMAR BHARWANI),J SAURABH /34