[2025:RJ-JP:50822] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. (Suspension of Sentence) Application No. 548/2025 In S.B. Criminal Revision No. 2148/2025 Satyendra Kumar Son of Shri Hoshiyar Singh, Resident of Village Majri Kalan, Tehsil Neemrana, District Kotputli Behror, Raj. (At Present Accused Petitioner Confined In Central Jail Alwar) ----Petitioner Versus State of Rajasthan, Through Public Prosecutor. ----Respondent For Petitioner(s) : Mr. Gurvinder Singh Mr. Vikash Kumar For Respondent(s) : Mr. Vivek Sharma, PP HON'BLE MR. JUSTICE ANAND SHARMA Order 16/12/2025 1. Instant application for suspension of sentence under Section 438 of B.N.S.S. along with revision petition has been preferred on behalf of the accused-petitioner against the judgment dated 15.11.2025 passed by Additional Session Judge No.2, Behror, District Kotputli-Behror, Rajasthan, whereby appeal against judgment and order dated 21.11.2023 passed by Additional Chief Judicial Magistrate, Behror, District Alwar (Rajasthan), whereby the petitioner was convicted and sentenced for offences punishable under Section 279 & 304-A of I.P.C., has been dismissed. [2025:RJ-JP:50822] (2 of 3) [SOSR-548/2025] 2. It is submitted by learned counsel for the petitioner that both the learned Courts below have utterly failed to appreciate the eye witness (PW-1) produced before the Court who has admitted that he himself could not note the number of bus and bus number was informed to him by two other persons and as such the testimony of the alleged eye witness was also based upon hearsay evidence and was not corroborated by any other conclusive evidence. The Appellate Court has also given perverse findings solely on the basis of unreliable testimony of PW-1. It is submitted that petitioner is in custody since 15.11.2025. 3. Learned Public Prosecutor opposed the revision petition and submitted that the judgment delivered by the learned trial Court has duly been confirmed by the learned Appellate Court and there is no apparent illegality or perversity in the impugned orders. Hence, the application for suspension of sentence be dismissed. 4. Having considered the submissions made by learned counsel for the petitioner as well as learned Public Prosecutor and after perusing the record, moreso, when a reasonable doubt have been created over the testimony of eye witness (PW-1), without expressing any opinion on merits of this case, this Court deems it just and proper to suspend the sentence of the petitioner. 5. 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; Satyendra Kumar Son of Shri Hoshiyar Singh 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/- [2025:RJ-JP:50822] (3 of 3) [SOSR-548/2025] 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 DIVYA /38