[2026:RJ-JP:13942] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Application (Suspension of Sentence) No.148/2026 IN S.B. Criminal Revision Petition No. 534/2026 Brajraj Malav S/o Gopal Malav, R/o Village Daslana, Police Station Kethoon, District Kota. (Accused-Petitioner Is Presently Confined In Central Jail, Kota) ----Petitioner/accused Versus State of Rajasthan through Public Prosecutor. ----Respondent For Petitioner(s) : Mr. Rinesh Gupta, Advocate For Respondent(s) : Mr. Rajendra Singh Shekhawat, P.P. HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 02/04/2026 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. Judicial Magistrate No.4, Kota (North), vide judgment dt.23.01.2019, in Criminal Regular Case No.173/2010 whereby the petitioner was convicted for the alleged offence(s) & sentenced to undergo the maximum period of one-year & six months simple imprisonment with a fine. The said conviction & sentence were confirmed by the Court of ld. Additional Sessions Judge, No.4, Kota, vide judgment dt.17.01.2026 in Criminal Regular Appeal No.97/2019. Learned counsel appearing for the petitioner contends that the petitioner was on bail during the trial as well as the appeal. He is in judicial custody since 18.02.2026. Counsel further contends that the judgments of conviction & sentence passed by the Courts below, are [2026:RJ-JP:13942] (2 of 2) SOSA No.148/2026 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. 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 Brajraj Malav S/o Gopal Malav by the ld. Trial Court vide judgment dt.23.01.2019 & affirmed by the ld. Appellate Court vide judgment dt.17.01.2026, shall remain suspend during the pendency of the revision petition, subject to the condition that he shall 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 04.05.2026 and thereafter, as and when directed. (VINOD KUMAR BHARWANI),J ASHOK