[2026:RJ-JP:7366]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Suspension of Sentence Application No.17/2026 In S.B. Criminal Revision Petition No. 90/2026 Amit Singh Son Of Mahendra Singh, Aged About 36 Years, Resident Of Near Raghunath Poswal House, In Front Of Wine Shop Wali Gali, Near Maniya Police Station, Maniya, District Dholpur (Rajasthan).

----Petitioner Versus

1. The State Of Rajasthan, Through Pp.

2. Dwarika Prasad Son Of Late Shankar Singh, Resident Of Pahalwan Colony, Shikhar Bag, G.t. Road, Police Station, Kotwali, Tehsil And District Dholpur (Rajasthan)

----Respondents For Petitioner(s) : Mr. Achintya Kaushik For Respondent(s) : Mr. Jaiprakash Tiwari, PP Mr. Udit Sapra HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

Order

16/02/2026 This application for suspension of sentence has been filed by the petitioner under Section 438 of B.N.S.S. seeking suspension of sentence awarded by learned Trial Court vide judgment dated 27.09.2024 and affirmed by the learned Appellate Court vide judgment dated 10.11.2025.

Learned counsel for the petitioner submits that the petitioner has been convicted by the learned Trial Court for offence(s) under Section 138 of N.I. Act and sentenced with a maximum period of one year simple imprisonment along with fine as per judgment dated 27.09.2024. The petitioner has also filed an appeal before the learned Appellate Court and the same was dismissed, while affirming the judgment of the Trial Court, vide its judgment dated 10.11.2025. Counsel has annexed the Certificate under Rule 311 of High Court Rules, 1952 to the effect that the petitioner was on bail during trial as well as pendency of the appeal and presently, he is behind the bars since 12.01.2026. Counsel also submits that the judgment of conviction & sentence passed by the Trial Court and affirmed by the learned Appellate Court, are totally based upon surmises and conjectures and the revision petition is likely to take long time to conclude. Hence, the sentence awarded to the petitioner may be suspended during the pendency of the revision petition.

Looking to the term of sentence, without commenting upon the merits of the case & considering the submissions made at bar, this Court deems it just and proper to suspend the sentence awarded to the petitioner.

Accordingly, this application for suspension of sentence is allowed and it is ordered that the execution of sentence awarded to the petitioner, namely Amit Singh Son Of Mahendra Singh, by the learned Trial Court vide judgment dated 27.09.2024 and affirmed by the learned Appellate Court vide judgment dated 10.11.2025, shall remain suspend during the pendency of the revision petition, provided he shall deposit 40 per cent of cheque amount i.e. Rs.60,000/- by way of Demand Draft in the name of respondent No.2 and shall also furnish a personal bond of Rs.50,000/- together with two sureties of Rs.25,000/- each, to the satisfaction of the learned Trial Court with the stipulation that he shall appear before this Court on 16.03.2026 and thereafter, as and when he is called upon to do so.

On deposit of the aforesaid amount, the same shall be released and disbursed to the respondent No.2 on an undertaking that if the petitioner succeeds in petition, same would be returned to the petitioner with interest @ 6% per annum within a period of two weeks from the disposal of the revision petition.

(VINOD KUMAR BHARWANI),J SAURABH /72