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2025 DAILYLAW 11876 (RAJ)

HEMRAJ SON OF BHAGCHAND v. STATE OF RAJASTHAN

SOSA/593/2025 · 2025-04-04

Inderjeet Singh, Mukesh Rajpurohit

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:15237-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc Suspension Of Sentence Application No. 593/2025 In D.B. Criminal Appeal No.6/2025 Hemraj Son Of Bhagchand, Aged About 25 Years, (At The Time Of Filing Of Charge Sheet Aged 16 Years 6 Months) Resident Of Behind Roadways Work Shop Rto Ke Samne Gunghra Jaipur Road, Ajmer (Raj) (At Present In Central Jail, Ajmer) ----Petitioner Versus State Of Rajasthan, Through P.P ----Respondent For Petitioner(s) : Mr. Shyam Bihari Gautam For Respondent(s) : Mr. Rajesh Choudhary, GA cum AAG with Mr. Vivek Sharma, Addl. GA Mr. Aman Kumar, AAAG Mr. Jai Raj Tantia. (For Complainant) HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE MUKESH RAJPUROHIT Order 04/04/2025 1. Heard on suspension of sentence application. 2. Counsel appearing on behalf of the accused-applicant submits that the accused-applicant has been convicted and sentenced to undergo life imprisonment for the offence under Section 302 of IPC read with Section 34 thereof. 3. Counsel for the applicant-accused has annexed the certificate under Rule 311 (3) of the Rajasthan High Court Rules to the effect that during trial the accused-applicant was on bail and presently he is confined in judicial custody. Counsel for the applicant- [2025:RJ-JP:15237-DB] (2 of 3) [SOSA-593/2025] accused submits that the he has been falsely implicated in the present case. Counsel further submits that the accused-applicant was juvenile at the time of alleged incident. Counsel further submits that the appeal is not likely to be heard in near future, therefore, he prayed that sentence awarded to the accused- applicant may be suspended and the accused-applicant be released on bail during the pendency of the appeal. 4. Learned Government Advocate-cum-Additional Advocate General assisted by learned counsel for the complainant has opposed the present application for suspension of sentence. 5. We have heard counsel for the parties and perused the material available on record. 6. Considering the facts and circumstances of the case and also considering the fact that the accused-applicant was juvenile at the time of alleged incident and also considering the fact that he was on bail during trial and also considering the fact that hearing/disposal of appeal may take long time, we deem it just and proper to allow the present 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 applicant-accused shall remain suspended during the pendency of the criminal appeal and the applicant-accused be admitted to bail subject to satisfaction of the trial Court with the stipulation that he shall appear before this Court on 20.05.2025 and thereafter as and when called upon to do so. [2025:RJ-JP:15237-DB] (3 of 3) [SOSA-593/2025] 8. Office is directed to send a copy of this order to the concerned trial Court through e-mail/fax for necessary compliance. (MUKESH RAJPUROHIT),J (INDERJEET SINGH),J GAURAV SHARMA /14