[2025:RJ-JP:33490-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc. Suspension Of Sentence Application No. 567/2025 In D.B. Criminal Appeal No.127/2025 Asru Khan S/o Sarjeet @ Sari, Aged About 33 Years, R/o Hameeraka Ps Tijara Distt Alwar (Rajasthan) (At Present Confined At District Jail Alwar) ----Petitioner Versus State Of Rajasthan, Through The Pp ----Respondent For Petitioner(s) : Mr. S.S. Hasan, Sr. counsel assisted by Mr. Aziz Khan, Adv. Mr. Aquif Khan, Adv. Mr. Fahad Hsan, Adv. For Respondent(s) : Mr. Manvendra Singh Shekhawat, Dy. GA with Ms. Neha Goyal, Adv. HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE BHUWAN GOYAL Order 25/08/2025 1. This application for suspension of sentence has been filed by the appellant alongwith the appeal. 2. Counsel for the appellant has annexed the certificate under Rule 311 (3) of the Rajasthan High Court Rules to the effect that the sentence of life imprisonment has been awarded to the appellant under Section 302 IPC. Counsel further submits that the appellant has been falsely implicated in this matter and the case rests on circumstantial evidence and the applicant was not named in the FIR and the weapon of offence has been recovered after four days of the arrest of the applicant from an open place and [2025:RJ-JP:33490-DB] (2 of 2) [SOSA-567/2025] during trial the appellant was on bail and at present he is in custody. Counsel further submits that hearing of the appeal may take long time, hence, the sentence awarded to the appellant may be suspended during the pendency of the appeal and he be released on bail. 3. Learned Dy. GA has opposed the application for suspension of sentence. 4. Heard counsel for the parties and perused the record. 5. Considering the facts and circumstances of the case and the fact that the accused-applicant was on bail during trial and the case rests on circumstantial evidence, this application for suspension of sentence is allowed and it is ordered that execution of sentence awarded to the appellant-Asru Khan S/o Sarjeet @ Sari shall remain suspended during the pendency of the appeal and the appellant be admitted to bail subject to satisfaction of the trial court with the stipulation that he shall appear before this Court on 06.10.2025 and thereafter as and when called upon to do so. 7. 7. Office is directed to send a copy of this order to the concerned trial court through email/fax for necessary compliance. (BHUWAN GOYAL),J (INDERJEET SINGH),J JYOTI /23