Brajraj Malav S/O Gopal Malav Vs State of Rajasthan — Rajasthan HC (2026) — LawSathi Research

Brajraj Malav S/O Gopal Malav Vs State of Rajasthan — Rajasthan HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Suspension of execution of sentence during the pendency of the revision petition, subject to furnishing a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the Trial Court, and appearance before this Court on 04.05.2026 and thereafter as and when directed.

Issue for consideration

Whether the sentence awarded to the petitioner (one-year & six months simple imprisonment with fine) should be suspended during the pendency of the revision petition, on his application under Section 438 r/w 442 of the BNSS, 2023.

Court's answer

Considering the term of sentence and the arguments at bar, without commenting upon the merits of the case, this Court deemed it just & proper to suspend the sentence awarded to the petitioner during the pendency of the revision.

Ratio / Principle

The application for suspension of sentence is allowed; execution of the sentence shall remain suspended during the pendency of the revision petition, subject to the petitioner furnishing a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the Trial Court, and appearing before this Court on 04.05.2026 and thereafter as directed.

Detailed headnote1 paragraphs

SUSPENSION OF SENTENCE — Application under S.438 r/w 442, Bharatiya Nagarik Suraksha Sanhita, 2023, in S.B. Criminal Revision Petition No.534/2026 — Petitioner convicted by Judicial Magistrate No.4, Kota (North) on 23.01.2019 in Criminal Regular Case No.173/2010 and sentenced to maximum one-year & six months simple imprisonment with fine; conviction and sentence confirmed by Additional Sessions Judge No.4, Kota on 17.01.2026 in Criminal Regular Appeal No.97/2019 — Petitioner on bail during trial and appeal, in judicial custody since 18.02.2026 — Held: considering the term of sentence, without commenting on merits, execution of sentence suspended during pendency of revision — Conditions: personal bond Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the Trial Court; appearance before the Court on 04.05.2026 and thereafter as directed.

[2026:RJ-JP:13942]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Misc. Application (Suspension of Sentence) No.148/2026

IN

S.B. Criminal Revision Petition No. 534/2026

Brajraj Malav S/o Gopal Malav, R/o Village Daslana, Police Station Kethoon, District Kota. (Accused-Petitioner Is Presently Confined In Central Jail, Kota)

----Petitioner/accused

Versus

State of Rajasthan through Public Prosecutor.

----Respondent

For Petitioner(s) : Mr. Rinesh Gupta, Advocate For Respondent(s) : Mr. Rajendra Singh Shekhawat, P.P.

HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order

02/04/2026

Instant application for suspension of sentence has been preferred on behalf of petitioner under Section 438 r/w 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 alongwith the revision petition seeking suspension of the sentence awarded by the Court of ld. Judicial Magistrate No.4, Kota (North), vide judgment dt.23.01.2019, in Criminal Regular Case No.173/2010 whereby the petitioner was convicted for the alleged offence(s) & sentenced to undergo the maximum period of one-year & six months simple imprisonment with a fine. The said conviction & sentence were confirmed by the Court of ld. Additional Sessions Judge, No.4, Kota, vide judgment dt.17.01.2026 in Criminal Regular Appeal No.97/2019.

Learned counsel appearing for the petitioner contends that the petitioner was on bail during the trial as well as the appeal. He is in judicial custody since 18.02.2026. Counsel further contends that the judgments of conviction & sentence passed by the Courts below, are

[2026:RJ-JP:13942]

SOSA No.148/2026

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totally based upon surmises and conjectures, and the revision petition is likely to take a long time to be decided. Hence, the sentence awarded to the petitioner should be suspended during the pendency of the revision petition.

Considering the term of sentence, without commenting upon the merits of the case, and taking into account the arguments made at bar, this Court deems it just & proper to suspend the sentence awarded to the petitioner during the pendency of the revision.

Accordingly, this application for suspension of sentence is allowed. It is hereby ordered that the execution of sentence awarded to the petitioner, namely Brajraj Malav S/o Gopal Malav by the ld. Trial Court vide judgment dt.23.01.2019 & affirmed by the ld. Appellate Court vide judgment dt.17.01.2026, shall remain suspend during the pendency of the revision petition, subject to the condition that he shall furnish a personal bond of Rs.50,000/- alongwith two sureties of Rs.25,000/- each to the satisfaction of the ld. Trial Court, with the condition that he shall appear before this Court on 04.05.2026 and thereafter, as and when directed.

(VINOD KUMAR BHARWANI),J

ASHOK