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2025 Supreme(RAJ) 1148

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


Advocates:
Mr. Hukam Singh Chouhan, Mr. Narendra Gehlot, PP

ORDER :

MANOJ KUMAR GARG, J.

1. Learned counsel for the petitioners submits that the accused petitioners were on bail during the trial and hearing of the revision will take sufficient long time.

2. Upon a consideration of the arguments advanced on behalf of the petitioners and having regard to the facts and circumstances of the case, the petitioners were on bail during the trial, this court is of the opinion that it is a fit case for suspending the substantive sentence awarded to the accused petitioner.

3. Accordingly, the application for suspension of sentence filed under Section 438 (1) BNSS is allowed and it is ordered that the substantive sentences passed by learned Chief Judicial Magistrate, Jalore in Criminal Regular Case No.2932/2017 vide order dated 18.11.2023 as affirmed by the learned Sessions Judge, Jalore, vide order dated 13.05.2024 in Criminal Appeal No.64/2023 (CIS No.66/2023) against the petitioners-applicants (1) Kailashnath S/o Jawaharnath & (2) Sureshnath S/o Gulabnath, shall remain suspended till final disposal of the aforesaid revision subject to the condition that the petitioners shall deposit 50% of the fine amount as imposed by the learned trial Court and they s

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