[2026:RJ-JP:8812] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Application No.101/2026 (Suspension of Sentence) IN S.B. Criminal Revision Petition No. 353/2026 Mahendra Singh @ Kailash S/o Shri Bhanwar Singh, R/o Ward No. 24, Near Pani Ki Tanki, Near House Of Gopi Ji Yadav, Azad Nagar, Madanganj-Kishangarh, District Ajmer (Presently Confined In Central Jail Ajmer) ----Petitioner Versus 1. Dinesh Singh Khangarot S/o Shri Laxman Singh, R/o Ward No.24, Near Pani Ki Tanki, Regran Mohalla, Azad Nagar, Madanganj-Kishangarh, District Ajmer (Raj) 2. State of Rajasthan, Through P.p. ----Respondents For Petitioner(s) : Mr. Devanshu Sharma, Advocate For Respondent(s) : Mr. Jaiprakash Tiwari, Public Prosecutor HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 25/02/2026 Instant application for suspension of sentence has been preferred on behalf of petitioner under Section 438 r/w 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 alongwith the revision petition seeking suspension of the sentence awarded by the Court of ld. Senior Civil Judge & Additional Chief Judicial Magistrate, Kishangarh District Ajmer, vide judgment dt.28.02.2020, in Criminal Regular Case No.1130/2017, whereby the petitioner was convicted for the alleged offence(s) & sentenced to undergo the maximum period of one-year simple imprisonment with a fine. The said conviction & sentence were confirmed by the Court of ld. Additional Sessions Judge, No.1, Kishangarh, District Ajmer vide judgment dt.02.02.2026, in Criminal Appeal No.02/2021. [2026:RJ-JP:8812] (2 of 3) [SOSA-101/2026] Learned counsel appearing for the petitioner contends that the petitioner was on bail during trial & appeal. Presently, he is in judicial custody. Counsel further contends that the judgments of conviction & sentence passed by the Courts below, are totally based upon surmises and conjectures, and the revision petition is likely to take a long time to be decided. Hence, the sentence awarded to the petitioner should be suspended during the pendency of the revision petition. Learned Public Prosecutor has strongly opposed the submissions made herein-above. Considering the term of sentence, without commenting upon the merits of the case, and taking into account the arguments made at bar, this Court deems it just & proper to suspend the sentence awarded to the petitioner during the pendency of the revision. Accordingly, this application for suspension of sentence is allowed. It is hereby ordered that the execution of sentence awarded to the petitioner, namely Mahendra Singh @ Kailash by the ld. Trial Court vide judgment dated 28.02.2020 and affirmed by the ld. Appellate Court vide judgment dated 02.02.2026, shall remain suspend during the pendency of the revision petition, subject to the condition that he shall deposit Rs.1,50,000/- by way of demand draft in the name of complainant/respondent No.1. He shall also furnish a personal bond of Rs.50,000/- alongwith two sureties of Rs.25,000/- each, to the satisfaction of the ld. Trial Court, with the condition that he shall appear before this Court on 25.03.2026 and thereafter, as and when directed. Upon deposit of the aforesaid amount, the same shall be released and disbursed to the complainant/respondent No.1, subject to an undertaking that in the event the petitioner succeeds in the revision petition, the amount shall be returned to him with interest @ 6% per [2026:RJ-JP:8812] (3 of 3) [SOSA-101/2026] annum within a period of two weeks from the disposal of the revision petition. A copy of this order be sent to the concerned trial Court for compliance. (VINOD KUMAR BHARWANI),J. ASHOK