HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Stay (SOS) Application No. 8170/2025 In S.B. Criminal Writ Petition No. 1398/2025 Mahaveer S/o Durgashankar, Aged About 42 Years, R/o Nai Abadi Asnawar, Police Station Asnawar, District Jhalawar (Raj.) (Presently Confined At District Jail Jhalawar). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Vikas Chandoliya Ms. Vaishnavi For Respondent(s) : Mr. Amit Punia-PP JUSTICE ANOOP KUMAR DHAND Order 14/11/2025 1. Counsel for the petitioner submits that the petitioner has been found guilty for the offences under Sections 279, 337, 304-A of IPC and the maximum sentence of two years simple imprisonment has been imposed upon the petitioner. Counsel submits that the appeal filed by the petitioner has been rejected by the Appellate Court. Counsel submits that the petitioner has been in jail since the date of judgment passed by the Appellate Court and disposal of the instant petition is bound to take its own time, therefore the sentence awarded to the petitioner be suspended till final disposal of the instant writ petition. 2. Learned Public Prosecutor opposed the prayer. (2 of 3) [CRLW-1398/2025] 3. Considering the arguments raised by counsel for the petitioner and looking to the fact that the maximum sentence awarded to the petitioner is two years and also considering the fact that petitioner has been in custody since the date of judgment passed by the Appellate Court and disposal of the petition is likely to take its time, therefore, without making comments on the merits and demerits of the case at this stage, the sentence awarded to the petitioner by the Appellate Court shall remain suspended till final disposal of the writ petition. 4. Accordingly, the instant stay application is allowed and it is ordered that the execution of sentence awarded to the applicant – “Mahaveer S/o Durgashankar” shall remain suspended during pendency of the criminal writ petition and he be released on bail provided he furnishes a personal bond of Rs.1,00,000/- (Rupees One Lakh only) together with two sureties of Rs.50,000/- (Rupees Fifty Thousand only) each, to the satisfaction of the learned Trial Court with the stipulation that he shall appear before this Court on 15.12.2025 and whenever ordered to do so, till the disposal of the revision petition on the conditions indicated below:- 1. That he shall appear before the trial Court in the month of January of every year till the writ petition is decided. 2. That if the applicant changes the place of residence and mobile number, he will give in writing his changed address and mobile number to the trial Court as well as to the counsel in the High Court. 3. Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court. 4. Applicant-petitioner shall deposit fine amount as imposed by the learned trial Court. 5. In case the applicant-petitioner is found involved in committing and repeating the same offence again, the State/complainant would be at liberty to move application for cancellation of bail. (3 of 3) [CRLW-1398/2025] 5. The learned trial Court shall maintain the record of attendance of the accused-applicant in a separate file. Such file be registered as Criminal Misc. Case relating to the original case in which the accused-appellant was tried and convicted. A copy of this order shall also be placed in that file for ready reference. Criminal Misc. file shall not be taken into account for statistical purpose relating to pendency and disposal of cases in the trial court. 6. In case the said accused-applicant does not appear before the Trial Court and commits any default, the learned Trial Judge shall report the matter to the High Court for cancellation of bail. (ANOOP KUMAR DHAND),J Ashu/18