[2025:RJ-JP:6563] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Suspension of Sentence Application No.48/2025 In S.B. Criminal Revision Petition No. 251/2025 Suresh Kumar Son Of Ramlal, Aged About 31 Years, Resident Of Basthuni Police Station Bhanwarghad District Baran Raj ----Accused-Applicant Versus State Of Rajasthan, Through PP ----Respondent For Applicant : Mr. Abhimanyu Singh Sandu, Adv. For Respondent : Mr. Jitendra Singh Rathore, PP HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 14/02/2025 1. The present application for suspension of sentence has been filed by the accused-applicant under Section 438 read with Section 442 of B.N.S.S., 2023 challenging the order dated 02.12.2024 passed by learned Additional District and Sessions Judge No.1, Baran (hereinafter referred to as the 'Appellate Court') in Criminal Appeal No.52/2017 whereby, learned Appellate Court while dismissing the appeal filed on behalf of the accused-applicant, affirmed the conviction and sentence vide order dated 29.09.2014 passed by learned Additional Chief Judicial Magistrate, Shahbad District Baran (hereinafter referred to as the 'trial Court') in Regular Criminal Case No.233/2008 by which the accused- [2025:RJ-JP:6563] (2 of 3) [CRLR-251/2025] applicant was convicted and sentenced for the offences punishable:- a) Under Section 279 of IPC-Six months simple imprisonment with fine of Rs.500/- in default thereof, further sentence of one month simple imprisonment. b) Under Section 304-A of IPC-One year simple imprisonment with fine of Rs.1,000/- in default thereof, further sentence of one month simple imprisonment. c) Under Section 337 of IPC-Six months simple imprisonment with fine of Rs.500/- in default thereof, further sentence of one month simple imprisonment. d) Under Section 338 of IPC-Six months simple imprisonment with fine of Rs.1,000/- in default thereof, further sentence of one month simple imprisonment. e) Under Section 304-A of IPC-One year simple imprisonment with fine of Rs.1,000/- in default thereof, further sentence of one month simple imprisonment. f) Under Section 134/187 of Motor Vehicles Act, 1988- Fine of Rs.500/- in default thereof, one month simple imprisonment. 2. Feeling aggrieved of the orders dated 02.12.2024 and 29.09.2014, the present application for suspension has been filed by the accused-applicant. 3. Learned counsel for the accused-applicant submitted that the accused-applicant has a strong prima-facie case in his favour and there is likelihood that the accused-applicant will succeed in the revision petition. 4. Learned counsel for the accused-applicant contended that the accused-applicant is behind the bars since 02.12.2024 and the revision petition is not likely to be disposed of in near future, therefore, the present application filed on behalf of the accused- applicant be allowed and his sentence be suspended. [2025:RJ-JP:6563] (3 of 3) [CRLR-251/2025] 5. Learned Public Prosecutor vehemently opposed the prayer made on behalf of the accused-applicant. 6. Heard learned counsel for the parties and perused the material available on record. 7. Considering the facts and circumstances of the case and also considering the fact that the revision petition is not likely to be disposed of in near future, but without commenting upon the merits of the case, this Court deems it just and proper to suspend the sentence awarded to the accused-applicant. 8. Accordingly, the application for suspension of sentence is allowed and it is ordered that the sentence awarded vide orders dated 02.12.2024 and 29.09.2014 to the accused-applicant namely, Suresh Kumar S/o Ramlal in the matter shall remain suspended during pendency of petition, provided he furnishes a personal bond in the sum of Rs.50,000/- along with two sureties in the sum of Rs.25,000/- each to the satisfaction of the concerned trial Court with the stipulation that he shall appear before this court on 17.03.2025 and thereafter as and when called upon to do so. (ASHUTOSH KUMAR),J AARZOO ARORA /13