The court may suspend a substantive sentence pending appeal if justified by the case's circumstances and arguments presented.

Order :

1. Heard.

2. Admit.

3. Issue notice.

4. Learned Asst. to Addl. Advocate General accepts notice on behalf of respondent No.2-State. Thus, notice be issued to the respondent No.1, returnable within eight weeks.

5. Call for record.

6. Heard learned counsel for the petitioner and learned Asst. to Addl. Advocate General on application for suspension of sentence No.53/2025.

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

8. Accordingly, the application for suspension of sentence filed under Section 438/442 BNSS is allowed and it is ordered that the substantive sentences passed by the Learned Special Judicial Magistrate (NI Act Cases) No.6, Udaipur, in Criminal Case No.1486/2018 vide order dated 12.01.2024 as affirmed by the Learned Special Judge (SC/ST Cases) Udaipur vide order dated 20.11.2024 in Cr. Appeal No.39/2024 against the petitioner- applicant Rajesh Kumar Nagda @ Raju S/o Shri Radheyshyam Ji shall remain suspended, till final disposal of the aforesaid revision and he shall be released on bail, subject to deposit 50% of the cheque amount before the trial Court (if any amount has been deposited by the petitioner then the same shall be adjusted) which shall be disbursed immediately to the respondent No.1, provided he executes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each of to the satisfaction of the learned trial Judge for his appearance in this court on 18.03.2025 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

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

2. That if the applicant(s) changes the place of residence, he/she/they will give in writing his/her/their 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 cheque amount (if any amount has already been deposited then the same shall be adjusted) before the trial Court which shall be disbursed immediately to the respondent No.1.

9. The learned trial Court shall keep the record of attendance of the accused-applicant(s) in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-applicant(s) was/were 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(s) does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.