[2025:RJ-JP:50469] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Suspension of Sentence Application No.532/2025 IN S.B. Criminal Revision Petition No. 2083/2025 Jasmal son of Karim @ Bibbu, resident of Nangli Pathan, Police Station Kishangarhbas, District Alwar. (Accused-Petitioner presently confined in Jail at Sub-Jail Kishangarbas, District Alwar Now Khairthal-Tijara) ----Accused/Petitioner Versus State of Rajasthan through Public Prosecutor. ----Respondent For Petitioner(s) : Mr. Vikram Yadav For Respondent(s) : Mr. Vivek Sharma, PP HON'BLE MR. JUSTICE ANAND SHARMA Order 15/12/2025 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 29.10.2025 passed by Additional Sessions Judge No.1, Kishangarhbas, Khairtal-Tijara, Rajasthan, whereby appeal against judgment and order dated 14.03.2019 passed by Additional Chief Judicial Magistrate, Kishangarhbas, Alwar, whereby the petitioner was convicted and sentenced for offences punishable under Sections 420, 467, 468, 471 & 120B of I.P.C., has been dismissed. 2. Learned counsel for the petitioner submits that the petitioner was simply an attesting witness and there is no [2025:RJ-JP:50469] (2 of 3) [SOSR-532/2025] allegation of causing undue loss to the complainant by the petitioner. It is also submitted that the allegation of receiving any sale consideration is also not there against the petitioner, however, ignoring the evidence, the Courts below have recorded perverse finding totally against the material on record, which is a serious jurisdictional error on the part of the learned trial Court. 3. Learned counsel for the petitioner further submits that learned trial Court while convicting the petitioner under Sections 420, 467, 468, 471 & 120B of I.P.C., has awarded sentence of three years of imprisonment along with fine against the petitioner. Petitioner is behind the bars since 29.10.2006. 4. Learned Public Prosecutor opposed the application for suspension of sentence and submitted that the petitioner has earlier been convicted in two cases and one case is also pending against him. 5. In light of the facts that admittedly the petitioner was attesting witness to the sale transaction document, and the allegations of receiving any sale consideration or any other benefit are not against the petitioner and in view of the fact that the petitioner is behind the bars for last more than one and half months, 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; Jasmal S/o Karim @ Bibbu by the learned trial Court shall remain suspended during pendency of the revision petition, provided he furnishes a personal [2025:RJ-JP:50469] (3 of 3) [SOSR-532/2025] 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 DAKSH/46