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[2026:RJ-JP:12683]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Misc. Suspension of Sentence Application No.56/2026

In S.B. Criminal Revision Petition No. 238/2026

Mukesh Singh S/o Ramkarn Singh, Aged About 40 Years, R/o Village Nabipura Tehsil Fethpur, Dist. Sikar.

----Petitioner Versus

Shyam Singh S/o Kishore Singh, Aged About 39 Years, R/o Village Parvati Post Bhimsar, Tehsil Sujangar, Dist. Churu.

----Respondent

For Petitioner(s) : Mr. Amit Dadhich For Respondent(s) :

HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

Order

25/03/2026

This suspension of sentence application has been filed by the

applicant-petitioner alongwith the revision petition.

Learned counsel for the applicant-petitioner submits that the

applicant has been convicted by the learned Trial Court for offence(s) under Section(s) 138 of N.I. Act and sentenced with a maximum period of one year simple imprisonment along with fine as per judgment dated 19.10.2024. The applicant 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 29.01.2026. Counsel has annexed the Certificate under Rule 311 of High Court Rules, 1952 to the effect that the applicant was on bail during trial as well as appeal and presently, he is behind the bars. Counsel also submits that the judgment of

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[2026:RJ-JP:12683] (2 of 3) [SOSR-56/2026] conviction & sentence passed by the Trial Court, is totally based upon surmises and conjectures and the revision petition is likely to take long time to conclude. Hence, the sentence awarded to the applicant may be suspended during the pendency of the revision

petition.

Looking to the term of sentence, without commenting upon

the merits of the case and considering the submissions made at bar, this Court deems it just and proper to suspend the sentence

awarded to the applicant-petitioner.

Accordingly, this application for suspension of sentence is

allowed and it is ordered that the execution of sentence awarded to the applicant, namely Mukesh Singh S/o Ramkarn Singh, by the learned Trial Court vide judgment dated 19.10.2024 and affirmed by the learned Appellate Court vide judgment dated 29.01.2026, shall remain suspended during the pendency of the revision petition, provided he deposits Rs.1,50,000/- amount by way of Demand Draft in the name of complainant/respondent and also furnishes 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 25.04.2026 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 complainant/respondent on an undertaking that if the applicant-petitioner succeeds in petition, same would be returned to the applicant-petitioner with interest @

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[2026:RJ-JP:12683] (3 of 3) [SOSR-56/2026] 6% per annum within a period of two weeks from the disposal of

the revision petition.

(VINOD KUMAR BHARWANI),J

SAURABH /66

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