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2025 Supreme(RAJ) 762

HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE MANOJ KUMAR GARG, J
SUNIL SHARMA – Appellant
Versus
STATE OF RAJASTHAN – Respondent


Advocates:
Mr. Ramesh Purohit, Mr. Deepak Choudhary, AAG, Mr. KS Kumpawat

ORDER :

MANOJ KUMAR GARG, J.

Heard.

2. Admit. Learned Public Prosecutor accepts notice on behalf of respondent-State.

3. Heard on application for suspension of sentence.

4. Upon a consideration of the arguments advanced on behalf of the petitioners and having regard to the facts and circumstances of the case including the facts that the petitioners were on bail during the trial and there is no chance of hearing of the appeal in near future, this court is of the opinion that it is a fit case for suspending the substantive sentence awarded to the accused petitioners.

5. Accordingly, the application for suspension of sentence filed under Section 438(1) of BNSS is allowed and it is ordered that the substantive sentences passed by the Learned Additional Chief Judicial Magistrate, No.2, Bhilwara, in Regular Criminal Case No.17438/2015 vide order dated 08.07.2024 as affirmed by the Learned Addl. Sessions Judge No.2, Bhilwara, vide order dated 05.02.2025 in Cr. Appeal No.161/2024 against the petitioners- applicants (1) Sunil Sharma S/o Shri Naresh Chandra Sharma & (2) Smt. Renu Sharma W/o Sunil Sharma, shall remain suspended till final disposal of the aforesaid revision and they shall be release

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