[2026:RJ-JP:10559] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Application No.119/2025 (Suspension of Sentence) IN S.B. Criminal Revision Petition No. 561/2025 Nilesh Rawat Son of Shri Saitram Rawat, Proprietor Ms/ Rawat Enterprises C/o National Kirana And General Store Road, No. 1, Jhotwara Industrial Area, Niwaru Road, Jaipur (At Present In Central Jail Jaipur) ----Petitioner Versus 1. State of Rajasthan, Through P.p 2. Shailendra Modi Son Of Shri L.R. Modi, Aged About 38 Years, Resident Of Plot No B-29, Modi House, New Light Colony Tonk Road, Jaipur ----Respondents For Petitioner(s) : Mr. Harmeet Singh, Advocate for Mr. Anirudh Singh Shekhawat, Advocate For Respondent(s) : Mr. Sri Ram Dhakar, Public Prosecutor HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 12/03/2026 : 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. Special Metropolitan Magistrate (N.I. Act Cases) No.6, Jaipur Metropolitan-I, vide judgment dt.13.01.2022, in Criminal Case No.398/2017 whereby the petitioner was convicted for the alleged offence(s) & sentenced to undergo the maximum period of two years rigorous imprisonment with a fine. The said conviction & sentence were confirmed by the Court of ld. Additional Sessions Judge, No.4, Jaipur [2026:RJ-JP:10559] (2 of 3) SOSA 119/2025 Metropolitan-I, vide judgment dt.25.10.2024, in Criminal Appeal No.20/2024. Learned counsel appearing for the petitioner contends that the petitioner was on bail during the trial as well as the 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. 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 Nilesh Rawat son of Shri Saitram Rawat, by the ld. Trial Court vide judgment dt.13.01,.2022 & affirmed by the ld. Appellate Court vide judgment dt.25.10.2024, 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. 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 13.04.2026 and thereafter, as and when directed. Upon deposit of the aforesaid amount, the same shall be released and disbursed to the complainant/respondent, 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:10559] (3 of 3) SOSA 119/2025 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