[2025:RJ-JP:35263-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc Suspension Of Sentence Application No. 506/2025 In D.B. Criminal Appeal No.110/2025 Mahesh S/o Ashok, Aged About 20 Years, R/o Devarniya Police Station Baroni District Tonk (Raj) (At Present Confined In Central Jail Ajmer) ----Petitioner Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Petitioner(s) : Mr. Vinay Pal Yadav For Respondent(s) : Mr. Jitendra Singh Rathore, AGA Mr. Bajrang Lal Choudhary for the complainant. HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE BHUWAN GOYAL Order 03/09/2025 1. This suspension of sentence application has been filed by the accused-applicant along with the appeal. 2. Learned counsel for the accused-applicant submits that the accused-applicant has been convicted for the offences under Sections 302/34, 341 & 323 of IPC. 3. Learned counsel for the accused-applicant has annexed the certificate under Rule 311 (3) of the Rajasthan High Court Rules to the effect that the accused-applicant was on bail during trial and presently, he is confined in Central Jail, Ajmer. He further submits that the accused-applicant has been falsely implicated in this matter and the sentence of life imprisonment has been awarded to [2025:RJ-JP:35263-DB] (2 of 3) [SOSA-506/2025] the accused-applicant for the offence under Section 302/34 of Indian Penal Code, 1860. He further submits that according to statement of eye witnesses, head injury on the person of deceased has been caused by co-accused Ashok. He further submits that the hearing/disposal of appeal is likely to take long time, hence, the sentence awarded to the accused-applicant may be suspended and he be released on bail during the pendency of the appeal. 4. Learned Additional Government Advocate assisted by learned counsel for the complainant has opposed the present application for suspension of sentence. 5. We have heard learned counsel for the parties and perused the record. 6. Considering the facts and circumstances of the present case and also considering the statement of doctor PW-10 and the statement of eye witnesses as well as PMR report; disposal of appeal is likely to take time; without expressing any opinion on merits of the case, we deem it just and proper to allow the application for suspension of sentence. 7. In that view of the matter, this criminal miscellaneous suspension of sentence application is allowed and it is ordered that execution of sentence awarded to the accused-applicant shall remain suspended during the pendency of the criminal appeal and the accused-applicant be admitted to bail subject to satisfaction of the trial Court with the stipulation that he shall appear before this Court on 14.10.2025 and thereafter as and when called upon to do so. [2025:RJ-JP:35263-DB] (3 of 3) [SOSA-506/2025] 8. Office is directed to send a copy of this order to the concerned trial Court through e-mail/fax for necessary compliance. (BHUWAN GOYAL),J (INDERJEET SINGH),J Upendra Pratap Singh /25