The court has the discretion to suspend a sentence if circumstances justify, such as the duration of custody and potential delays in the appeal process.

Order :

1. The present application for suspension of sentence has been filed by the accused-applicant under Section 528 of B.N.S.S. challenging the order dated 07.11.2024 passed by the Additional Sessions Judge No.11, Jaipur Metropolitan-I, Headquarter Sanganer (hereinafter referred to as the 'Appellate Court') in Criminal Appeal No.44/2024 whereby, learned Appellate Court while dismissing the appeal filed on behalf of the accused- applicant, affirmed the conviction vide order dated 06.02.2024 passed by Additional Chief Metropolitan Magistrate No.17, Jaipur Metropolitan-I, Headquarter Sanganer (hereinafter referred to as the 'trial Court') in Regular Criminal Case No.2637/2023 by which the accused-applicant was convicted for the offence punishable under Section 379 of IPC and was sentenced for three years simple imprisonment with a fine of Rs.5,000/-.

2. Feeling aggrieved of the orders dated 07.11.2024 and 06.02.2024, the present application for suspension has been filed by the accused-applicant.

3. Learned counsel for the accused-applicant submitted that the accused-applicant has been convicted by the trial Court by wrongly appreciating the evidence placed on record and the appeal filed by the accused-applicant has also been dismissed by the Appellate Court.

4. Learned counsel for the accused-applicant also contended that the accused-applicant is confined in Central Jail, Jaipur since 04.10.2023. Learned counsel for the accused-applicant further contended that the accused-applicant was on bail during trial and the revision petition will take time to conclude, therefore, the present application filed on behalf of the accused-applicant be allowed and his sentence be suspended.

5. Learned Public Prosecutor vehemently opposed the prayer made on behalf of the accused-applicant.

6. Heard learned counsel for the parties and perused the material available on record.

7. Considering the facts and circumstances of the case and considering the fact that the accused-applicant is in judicial custody since 04.10.2023 and also the fact that the accused- applicant was on bail during trial and the decision of the revision petition is likely to take time, but without commenting upon the merits of the case, this Court deems it just and proper to suspend the sentence awarded to the accused-applicant.

8. Accordingly, the application for suspension of sentence is allowed and it is ordered that the sentence awarded vide orders dated 07.11.2024 and 06.02.2024 to the accused-applicant namely, Rakesh @ Bakra S/o Madan Lal in the matter shall remain suspended during pendency of petition, provided he furnishes a personal bond in the sum of Rs.50,000/- along with two sureties in the sum of Rs.25,000/- each to the satisfaction of the concerned trial Court with the stipulation that he shall appear before this court on 06.03.2025 and thereafter as and when called upon to do so.