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2025 Supreme(RAJ) 578

HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE MANOJ KUMAR GARG, J
MANGALA RAM – Appellant
Versus
RAJEEV – Respondent


Advocates:
Mr. Shambhoo Singh Rathore, Mr. Narendra Gehlot, PP, Mr. Om Prakash Choudhary

JUDGMENT :

(MANOJ KUMAR GARG, J.)

Heard learned counsel for the petitioner as well as learned Public Prosecutor and perused the material available on record.

2. This is second application for suspension of sentence.

3. Learned counsel for the petitioner(s) submits that petitioner(s) has surrendered before the concerned trial court and now he is in custody since 11.02.2025 and there is no chance of hearing of the revision in near future, therefore, the substantive sentence of the petitioner(s) may be suspended and he may be released on bail.

4. Learned Public Prosecutor has opposed the second application for suspension of sentence.

5. Upon a consideration of the arguments advanced on behalf of the petitioner(s) and having regard to the facts and circumstances of the case including the fact that there is no chance of hearing of the revision in near future, this court is of the opinion that it is a fit case for suspending the substantive sentence awarded to the accused petitioner(s).

6. Accordingly, the second application for suspension of sentence filed under Section 438 (1) BNSS is allowed and it is ordered that the substantive sentences passed by learned Additional Chief Judicial Magistra

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