HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. criminal Misc. Suspension of Sentence Petition No.2392/2025 in S.B. Criminal Revision Petition No. 1704/2025 Jeevan Singh S/o Shankar Singh, Aged About 35 Years, Resident Of Bayan Tehsil Taranagar, District-Churu, Rajasthan Pin-341511.

Confined In Sub Jail Bhadra, Hanumangarh ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : None present For Respondent(s) : Mr. Surendra Bishnoi, PP HON'BLE MR. JUSTICE FARJAND ALI

Order

05/01/2026

1. The instant application for suspension of sentence under Section 438 read with Section 442 of the BNSS, 2023 has been moved on behalf of the petitioner-applicant in the matter of judgment dated 31.05.2019 passed by the learned Judicial Magistrate, Bhadra in in Criminal Case No.784/2011, whereby he was convicted and sentenced as under :-

Offence for which convicted	Sentence of imprisonment	Fine	Sentence in default of payemnt of fine
279 IPC	3 months’ SI	Rs.500/-	1 month’s SI
337 IPC	3 months’ SI	Rs.200/-	15 days’ SI
338 IPC	6 months’ SI	Rs.500/-	1 month’s SI
304A IPC	1 year’s SI	Rs.2000/-	2 months’ SI

The appeal preferred against the aforesaid judgment stood dismissed by the learned Additional Sessions Judge, Bhadra, District Hanumangarh vide judgment dated 06.12.2025 passed in Criminal Appeal No.30/2019.

2. It is contended in the memo of application seeking suspension of sentence that the learned trial court as well as the learned appellate court have committed an error of law in appreciating the evidence brought on record, and therefore, the material evidence would require re-appreciation. It is further submitted that the petitioner remained on bail throughout the trial as well as during the pendency of the appeal and that the hearing of the revision petition is likely to take a considerable time.

3. Lawyers are abstaining from their appearance in the Court.

4. Heard learned Public Prosecutor, and perused the material available on record.

5. Upon consideration of the grounds raised in the memo of revision, and looking to the totality of the facts and circumstances of the case, particularly the fact that the accused-petitioner remained on bail during the course of the trial and the appeal, and further considering that the hearing of the revision is likely to take further time, and without expressing any opinion on the merits of the case or the alleged defects in the prosecution case, as the same may adversely affect the final hearing of the revision, this Court is of the opinion that the present case is a fit one for suspension of the sentence awarded to the accused-petitioner.

6. Accordingly, the application for suspension of sentence filed under Section 438 read with Section 442 of the BNSS, 2023 is allowed and it is ordered that the sentence passed by the learned trial court and affirmed by the learned appellate court against the petitioner-applicant shall remain suspended till the final disposal of the aforesaid revision. The petitioner-applicant shall be released on bail upon his executing a personal bond in the sum of Rs.50,000/- along with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before this Court on 05.02.2026 and as and when called upon to do so, subject to the following conditions:-

1. That he will appear before the trial Court in the month of January of every year till the appeal is decided.

2. That if the applicant changes the place of residence, he will give in writing his changed address to the trial Court as well as to the counsel in the High Court.

3. Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court.

(FARJAND ALI),J

38-chhavi/-

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