[2025:RJ-JP:51773] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Suspension of Sentence Application No.551/2025 In S.B. Criminal Revision Petition No. 2159/2025 Surendra S/o Umrao, Aged About 44 Years, R/o Bheeteda, Police Station Behror, District Alwar (Raj.) (Presently Confined At District Jail Alwar) ----Petitioner Versus The State Of Rajasthan, Through Public Prosecutor ----Respondent For Petitioner(s) : Mr. Manu Bhargava, Adv. For Respondent(s) : Mr. Vivek Sharma, PP HON'BLE MR. JUSTICE ANAND SHARMA Order 19/12/2025 1. Instant application for suspension of sentence under Section 438 of B.N.S.S. has been preferred on behalf of the accused-petitioner against the judgment dated 11.11.2025 passed by Additional Sessions Judge No.1, Behror, District Kotputli-Behror, whereby appeal against judgment and order dated 06.04.2022 passed by Additional Chief Judicial Magistrate No.2, Behror, District Alwar, wherein the petitioner was convicted and sentence for offences punishable under Sections 279, 304A IPC, has been dismissed. 2. Learned counsel for the petitioner submits that both courts below have committed serious error of law and jurisdiction and has not appreciated the fact that after around 3 months from [2025:RJ-JP:51773] (2 of 2) [SOSR-551/2025] the date of alleged accident, truck in question was seized and there are apparent contradiction in the mechanical report of the truck and the notice under Section 133 of Motor Vehicles Act have been given after 4 months of the alleged accident, which causes reasonable doubt over the story of the prosecution. Hence, a prayer has been made to suspend the sentence. 3. Learned Public Prosecutor opposed the suspension of sentence application. 4. Perused the impugned judgments as well as the record of the court below. 5. In view of the statement made by learned counsel for the petitioner as well as learned Public Prosecutor where there is unexplained delay in seizing the truck in question as well as in issuing notice under Section 133 of Motor Vehicles Act, without expressing any opinion on merits of this case, this Court deems it just and proper to suspend the sentence of the petitioner. 6. Accordingly, the application for suspension of sentence is allowed and it is, hereby, ordered that the execution of sentence awarded to the accused-petitioner, namely; Surendra S/o Umrao by the learned trial Court shall remain suspended during pendency of the revision petition, provided he furnishes a personal bond in the sum of Rs.1,00,000/- together with two sureties of Rs.50,000/- each, to the satisfaction of the learned trial Court with the stipulation that he shall appear before this Court on 28.01.2026 and, thereafter, as and when he is called upon to do so. (ANAND SHARMA),J Jatin /44