The court may suspend a sentence during the pendency of a petition considering factors such as judicial custody and the suspension of a co-accused's sentence.

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 19.02.2024 passed by the Sessions Judge, Kota (hereinafter referred to as the 'Appellate Court') in Criminal Appeal No.509/2022 whereby, learned Appellate Court while partly allowing the appeal filed on behalf of the accused- applicant, affirmed the conviction vide order dated 05.11.2022 and reduced the sentence passed by Additional Chief Judicial Magistrate No.5, Kota (hereinafter referred to as the 'trial Court') in Regular Criminal Case No.26040/2014 by which the accused-applicant was convicted for the offence punishable under Section 392/34 of IPC and was sentenced for three years simple imprisonment with a fine of Rs.3,000/-.

2. Feeling aggrieved of the orders dated 19.02.2024 and 05.11.2022, the present application for suspension has been filed by the accused-applicant.

3. Learned counsel for the accused-applicant submitted that the accused-applicant along with the co-accused Sonu @ Sunil were tried by the trial Court for the offence punishable under Section 392/34 of IPC and were sentenced for three years simple imprisonment with a fine of Rs.3,000/- each. Learned counsel for the accused-applicant also submitted that learned Appellate Court vide impugned judgment dated 19.02.2024, partly allowed the appeal, affirmed the conviction and reduced the sentence from three years simple imprisonment to two and a half year simple imprisonment vide order dated 05.11.2022 passed by the trial Court. Learned counsel further submitted that the sentence of co- accused Sonu @ Sunil has been suspended by the Coordinate Bench of this Court vide order dated 01.03.2024 passed in S.B. Criminal Misc. Application for Suspension of Sentence No.136/2024 and case of the present accused-applicant is not distinguishable from the co-accused Sonu.

4. Learned counsel for the accused-applicant also contended that the accused-applicant is confined in Central Jail, Kota since 19.02.2024. Learned counsel for the accused-applicant further contended that accused-applicant was on bail during trial, therefore, the present application filed on behalf of the accused-applicant be allowed and his sentence be suspended.

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

6. Considering the facts and circumstances of the case and considering the fact that the accused-applicant is in judicial custody since 19.02.2024 and also the fact that the sentence of co-accused Sonu has already been suspended by the Coordinate Bench of this Court vide order dated 01.03.2024, 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.

7. Accordingly, the application for suspension of sentence is allowed and it is ordered that the sentence awarded vide orders dated 19.02.2024 and 05.11.2022 to the accused-applicant namely, Pawan S/o Pannalal 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 05.03.2025 and thereafter as and when called upon to do so.