The court may suspend a substantive sentence when the accused was on bail during trial, subject to conditions ensuring compliance with bail requirements.

Order :

1. Heard.

2. Admit. Learned Additional Advocate General accepts notice on behalf of respondent No.1- State. Issue notice to respondent No.2, returnable within eight weeks.

3. Heard learned counsel for the petitioner and learned Additional Advocate General on application for suspension of sentence No.79/2025.

4. Upon a consideration of the arguments advanced on behalf of the petitioner and having regard to the facts and circumstances of the case including the fact that the petitioner was on bail during the trial, this court is of the opinion that it is a fit case for suspending the substantive sentence awarded to the accused petitioner.

5. Accordingly, the application for suspension of sentence filed under Section 438 B.N.S.S. (Section 397(1) Cr.P.C.) is allowed and it is ordered that the substantive sentences passed by the learned Judicial Additional Chief Judicial Magistrate No.04, Jodhpur Metropolitan in Criminal Case No.81/2012 (102/2017) vide order dated 21.09.2024 as affirmed by the learned Additional Sessions Judge No.4, Jodhpur Metropolitan vide order dated 28.01.2025 in Crl. Appeal No.413/2024 (NCV No.413/2024) against the petitioner- applicant- Resham Khan S/o Shri Mubrak Khan shall remain suspended, till final disposal of the aforesaid revision and he shall be released on bail, subject to deposit of 50% of the fine amount before the trial Court provided he executes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 21.04.2025 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

1. That he will appear before the trial Court in the month of January of every year till the appeal is decided.

2. That if the applicant changes the place of residence, he will give in writing his changed address to the trial Court as well as to the counsel in the High Court.

3. Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court.

4.Petitioner shall deposit 50% of the fine amount before the trial Court.

6. The learned trial Court shall keep the record of attendance of the accused-applicant in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused- applicant was tried and convicted. A copy of this order shall also be placed in that file for ready reference. Criminal Misc. file shall not be taken into account for statistical purpose relating to pendency and disposal of cases in the trial court. In case the said accused applicant does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.