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2025 DAILYLAW 15689 (RAJ)

SOHAN LAL S/O CHANDRARAM v. STATE OF RAJASTHAN

SOSA/730/2024 · 2025-09-08

Anoop Kumar Dhand, Inderjeet Singh

Criminal Appealbody2025

Judgment text

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[2025:RJ-JP:36067-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc 5th Suspension Of Sentence Application No. 730/2024 IN D.B. Criminal Appeal No.223/2018 Sohan Lal S/o Chandraram, Aged About 60 Years, R/o Bhatawali Dhani, Tehsil Jamdoli, Police Station Kanota, District Jaipur (Raj) . (Accused Appellant Confined In Open Jail Jaipur At Sanganer, District Jaipur (Raj) ----Petitioner Versus State Of Rajasthan, Through P.p ----Respondent For Petitioner(s) : Mr. T.L. Pandey. For Respondent(s) : Mr. Manvendra Singh Shekhawat, Deputy Government Advocate assisted by Ms. Neha Goyal. HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE ANOOP KUMAR DHAND Order 08/09/2025 1. This 5th 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 the life imprisonment has been awarded to the applicant under Section 302/149 of IPC, he is in Open Jail, Jaipur at Sanganer, District Jaipur. He further submits that the applicant is a senior citizen, aged about 76 years and he has been falsely implicated in this matter and he has served the sentence for about 10 years. He [2025:RJ-JP:36067-DB] (2 of 3) [SOSA-730/2024] further submits that the sentence of similarly situated co-accused persons has already been suspended and 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. Counsel for the applicant has relied upon the judgment passed by the Hon’ble Supreme Court in the matter of ‘Saudan Singh versus The State of Uttar Pradesh’, (Criminal Appeal No.308/2022 (SLP (Crl.) No.4633/2021), decided on 25.02.2022, where in relevant para it has been held as under:- “The second category of cases can be one where the person has served out more than 10 years of sentence. In these cases also at one go bail can be granted unless there are any extenuating circumstances against him.” 4. Learned Deputy Government Advocate has opposed the suspension of sentence application. 5. We have heard counsel for the parties and perused the material available on record. 6. Considering the facts and circumstances of the present case and also considering the fact that the applicant is a senior citizen and the sentence of similarly situated co-accused persons has already been suspended and the hearing of appeal may take long time, We deem it just and proper to allow this criminal miscellaneous suspension of sentence application. 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 shall remain suspended during the pendency of the criminal appeal and the [2025:RJ-JP:36067-DB] (3 of 3) [SOSA-730/2024] applicant be admitted to bail subject to satisfaction of the trial Court with the stipulation that he shall appear before this Court on 16.10.2025 and thereafter as and when called upon to do so. 8. Office is directed to send a copy of this order to the concerned trial Court through e-mail/fax for necessary compliance. (ANOOP KUMAR DHAND),J (INDERJEET SINGH),J MG/01