[2026:RJ-JP:4977] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 2377/2025 In S.B. Criminal Appeal No.931/2025 Sakib @ Murga S/o Jahid Ali, Aged About 25 Years, R/o House No. 2-D-64, Vigyan Nagar, Kota (Presently Confined In Central Jail, Kota) ----Appellant Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Appellant(s) : Mr. Nitin Kumar Sharma For Respondent(s) : Mr. Jaiprakash Tiwari, PP HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 03/02/2026 Instant application for suspension of sentence has been preferred on behalf of the applicant-appellant under Section 430 of B.N.S.S. alongwith the appeal, to suspend the sentence awarded by the Court of learned Additional Sessions Judge, No.5, Kota vide its judgment dated 26.03.2025 in Sessions Case No.73/2019, whereby the applicant-appellant was convicted for the alleged offence(s) & sentenced to undergo maximum period of five years simple imprisonment with fine. Learned counsel appearing for the applicant-appellant submits that the applicant has been falsely implicated in the matter, he has nothing to do with the alleged offence(s) and he is behind the bars from fourteen months. Counsel further submits that the applicant was on bail during trial and the application for suspension of sentence of the another co-accused person, namely Tofik, has already been allowed by a Co-ordinate Bench of this [2026:RJ-JP:4977] (2 of 2) [SOSA-2377/2025] Court. Counsel further submits that the applicant has a strong likelihood of being acquitted in the appeal. The learned Trial Court has not appreciated the facts and circumstances of the case holistically and the hearing of the appeal will take its own time, hence, the sentence awarded to the applicant-appellant may be suspended during the pendency of the appeal. Learned Public Prosecutor has vehemently opposed the submissions made herein-above. Heard learned counsel for the parties and perused the material on record. Taking into consideration the conviction, term of sentence & the submissions made at bar and without commenting upon the merits of the case, this Court deems it just and proper to suspend the sentence awarded to the applicant-appellant during the pendency of the appeal. Accordingly, the application for suspension of sentence is allowed and it is, hereby, ordered that the execution of sentence awarded to accused-applicant, namely Sakib @ Murga S/o Jahid Ali, by the learned Trial Court shall remain suspended during pendency of the appeal, provided he furnishes a personal bond in the sum of Rs.50,000/- together with two sureties of Rs.25,000/- each, to the satisfaction of the learned trial Court with the stipulation that he shall appear before this Court on 05.03.2026 and thereafter, as and when he is called upon to do so. (VINOD KUMAR BHARWANI),J SAURABH /48