[2025:RJ-JP:36626-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc Suspension Of Sentence Application No. 569/2025 IN D.B. Criminal Appeal No.128/2025 Ree Son Of Om Prakash, Aged About 20 Years, Resident Of Semara Maphi Police Station Rudwal District Bharatpur (Rajasthan) Child In Conflict With Law (Presently Confined In Observation Home Bharatpur) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Rajneesh Gupta assisted by Mr. Utkarsh Goyal, Mr. Rahul Sharma. Ms. Chanchal. For Respondent(s) For Complainant(s) : : Mr. Jitendra Singh Rathore, Additional Government Advocate. Mr. Shantanu Bansal. HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE BHUWAN GOYAL Order 10/09/2025 1. This suspension of sentence application has been filed by the applicant along with the appeal. 2. Counsel for the applicant has annexed the certificate under Rule 311 (3) of the Rajasthan High Court Rules to the effect that during the trial, the applicant was on bail and the sentence of life imprisonment has been awarded to the applicant under Section 302/149 of IPC and he is in judicial custody at Observation Home Bharatpur. He further submits that the applicant has been falsely [2025:RJ-JP:36626-DB] (2 of 3) [SOSA-569/2025] implicated in this matter and at the time of alleged incident the applicant is juvenile. He further submits that, according to the statement of the Doctor (PW-11), the deceased died as a result of a head injury and according to the statement of the eyewitness, the head injury was inflicted by the co-accused (Om Prakash) and no recovery has been made at the instance of the accused- applicant. He further submits that the hearing of appeal may take long time and prayed that sentence awarded to the applicant may be suspended and he be released on bail during the pendency of the appeal. 3. Learned Additional Government Advocate assisted by counsel for the complainant opposed the suspension of sentence application. 4. We have heard counsel for the parties and perused the material available on record. 5. Considering the facts and circumstances of the present case and the fact that the applicant was on bail during trial and no recovery has been made at the instance of accused-applicant and the head injury being attributed to the co-accused (Om Prakash) and the hearing of appeal may take long time, We deem it just and proper to allow this criminal miscellaneous suspension of sentence application. 6. 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 applicant shall remain suspended during the pendency of the criminal appeal and the applicant be admitted to bail subject to satisfaction of the trial [2025:RJ-JP:36626-DB] (3 of 3) [SOSA-569/2025] Court with the stipulation that he shall appear before this Court on 27.10.2025 and thereafter as and when called upon to do so. 7. 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 MG/28