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2025 Supreme(RAJ) 1139

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


Advocates:
Mr. Anuj Sahlot, Mr. Deepak Choudhary, GA cum AAG, Mr. Kuldeep Singh Kumpawat

ORDER :

MANOJ KUMAR GARG, J.

1. Heard.

2. Admit. Issue notice.

3. Learned Public Prosecutor accepts notice on behalf of respondent – State.

4. Heard on application for suspension of sentence No.48/2025. Upon a consideration of the arguments advanced by the petitioner(s) and having regard to the facts and circumstances of the case including the fact that the petitioner(s) was on bail during the trial and hearing of the revision petition is likely to take time, therefore, this court is of the opinion that it is a fit case for suspending the substantive sentence awarded to the accused petitioner(s).

5. Accordingly, the application for suspension of sentence filed under Section 438 R/w 442 of BNSS (Old Section 397 R/w 401 Cr.P.C.) is allowed and it is ordered that the substantive sentences passed by the learned Additional Chief Judicial Magistrate, Nathdwara, District Rajsamand vide judgment dated 15.07.2013 in Original Criminal Case No.200/2008 as affirmed by learned Additional Session Judge, Nathdwara, District Rajsamand vide order dated 27.01.2025 in Criminal Appeal No.32/2013 against the accused-petitioner(s) – Azad Khan S/o Shri Sher Singh shall remain suspended till final disposal of t

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