[2026:RJ-JP:6768] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Application No.569/2025 (Suspension of Sentence) IN S.B. Criminal Revision Petition No. 2241/2025 Gurudayal S/o Govindram, R/o Sefragpur Police Station Khetri District Jhunjhunu (Raj.) (Currently Confined At Central Jail Bikaner) ----Accused-Petitioner Versus State of Rajasthan through Public Prosecutor ----Respondent For Petitioner(s) : Mr. Aayush Malik Advocate For Respondent(s) : Mr. Jaiprakash Tiwari, Public Prosecutor HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 12/02/2026 Instant application for suspension of sentence has been preferred on behalf of petitioner under Section 438 of the Bharatiya Nagarik Suraksha Sanhita, 2023 alongwith the revision petition seeking suspension of the sentence awarded by the Court of ld. Additional Chief Judicial Magistrate, No.1, Neem-Ka-Thana, District Sikar (hereinafter referred to as the ld. trial Court) vide judgment dt.14.12.2025 in Criminal Regular Case No.134/2003, whereby the petitioner was convicted for the alleged offence(s) & sentenced to undergo the maximum period of three-years simple imprisonment with fine. The said conviction & sentence were confirmed by the Court of ld. Additional Sessions Judge, No.2, Neem-Ka-Thana (hereinafter referred to as the ld. Appellate Court) vide judgment dated 03.09.2025 in Criminal Regular Appeal No.02/2016. Submissions of learned counsel appearing for the petitioner are that the petitioner was on bail during trial as well as appeal. The [2026:RJ-JP:6768] (2 of 2) SOSA 569/2025 [CRLR-2241/2025] petitioner is in judicial custody since 15.07.2025. The Trial Court has not appreciated the facts & circumstances of the case holistically and the hearing of the petition will take its own time, hence, the sentence awarded to the petitioner may be suspended during the pendency of the revision petition. Learned Public Prosecutor appearing for State vehemently opposed the submissions made herein-above. Heard learned counsel appearing for the parties and perused the material on record. Taking into consideration the conviction, the 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 petitioner during the pendency of the revision petition. Accordingly, the application for suspension of sentence is allowed and it is, hereby, ordered that the execution of sentence awarded to petitioner, namely Gurudayal S/o Govindram by the ld. Trial Court as well as ld. Appellate Court shall remain suspended during pendency of the revision petition, 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 ld. trial Court with the stipulation that he shall appear before this Court on 12.03.2026 and thereafter, as and when he is called upon to do so. (VINOD KUMAR BHARWANI),J ASHOK