[2025:RJ-JP:35462] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Suspension of Sentence Application No.381/2025 In S.B. Criminal Revision Petition No. 1596/2025 Ramesh Chand Bareth S/o Nathu Lal, Aged About 51 Years, Resident Of Kushalpura, Post Rajmahal, Tehsil Devli, District Tonk (Rajasthan). (At Present Confined In Central Jail, Jaipur) ----Petitioner Versus 1. Mukesh Kumar Balai S/o Late Prahldadram Balai, Resident Of Post Rajmahal, Tehsil Devli, District Tonk (Rajasthan) At Present Resident Of C-4, Ved Vatika, Near Uma Path, Near Ramnagar Metrostation, Jaipur (Rajasthan). 2. State Of Rajasthan, Through Through Public Prosecutor ----Respondents For Petitioner(s) : Mr. Sudhindra Kumawat For Respondent(s) : Mr. Amit Gupta, P.P. HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 04/09/2025 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 17.10.2024 and affirmed by the learned Appellate Court vide judgment dated 20.08.2025. 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 [2025:RJ-JP:35462] (2 of 3) [CRLR-1596/2025] as per judgment dated 17.10.2024 passed by learned Special Judicial Magistrate (N.I. Act Cases) No.12, Jaipur Metro-II. 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 20.08.2025 passed by learned Additional Sessions Judge, No.7, Jaipur Metro-II. 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 petitioner 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 petitioner. Accordingly, this application for suspension of sentence is allowed and it is ordered that the execution of sentence awarded to the petitioner, namely Ramesh Chand Bareth S/o Nathu Lal, by the learned Trial Court vide judgment dated 17.10.2024 and affirmed by the learned Appellate Court vide judgment dated 20.08.2025, shall remain suspend during the pendency of the revision petition, provided he shall deposit 40 per cent of cheque amount i.e. Rs.58,000/- by way of Demand Draft in the name of respondent No.1 and shall also furnish a personal bond of [2025:RJ-JP:35462] (3 of 3) [CRLR-1596/2025] 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 08.10.2025 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 No.1 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 /21