[2025:RJ-JP:34317-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc Suspension Of Sentence Application No. 853/2025 In D.B. Criminal Appeal No.195/2025 Ali Mohammed @ Kallu Khan S/o Badruddin, R/o Khoje Ki Sarai Agra Cant District Agra (Up) At Present R/o Idgah Kachchi Basti, Van Vihar Colony, Near Water Tank, Delhi Bye Pass, Jaipur P.s. Galta Gate, Jaipur (At Present Confined In Central Jail Jaipur) ----Petitioner Versus 1. State Of Rajasthan, Through Public Prosecutor 2. Golu S/o Late Ashok, R/o Regaro Ka Mohamma, Naya Bagrana Agra Road, Jaipur P.s. Kanota Jaipur (East) ----Respondents For Petitioner(s) : Ms. Vishalakshi Pareek on behalf of Mr. Devanshu Sharma For Respondent(s) : Mr. Manvendra Singh Shekhawat, Dy.G.A. with Ms. Neha Goyal Mr. Dharmendra Choudhary, for the complainant HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE BHUWAN GOYAL Order 28/08/2025 1. This suspension of sentence application has been filed by the accused-applicant along with the appeal. 2. Learned counsel appearing on behalf of the accused- applicant submits that the accused-applicant has been convicted for the offences under Sections 302 of Indian Penal Code, 1860 and Section 3(2) (v) of SC/ST Act. 3. Learned counsel for the accused-applicant has annexed the certificate under Rule 311 (3) of the Rajasthan High Court Rules to [2025:RJ-JP:34317-DB] (2 of 3) [SOSA-853/2025] the effect that the accused-applicant is in custody since 21.10.2021. He further submits that the accused-applicant has been falsely implicated in this matter and it is a case of circumstantial evidence. He further submits that the last seen witnesses PW-14 & PW-21 have not supported the case of the prosecution during trial. He further submits that the appeal is not likely to be heard in near future and prayed that sentence awarded to the accused-applicant may be suspended and he be released on bail during the pendency of the appeal. 4. Learned Deputy Government Advocate assisted by the learned counsel for the complainant has opposed the application for suspension of sentence. 5. We have heard learned counsel for the parties and perused the record. 6. Considering the arguments advanced by the learned counsel for the parties and taking into account the facts and circumstances of the present case and also considering the statements of last seen witnesses PW-14 & PW-21 and the period of custody, without expressing any opinion on merits of the case, 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 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 [2025:RJ-JP:34317-DB] (3 of 3) [SOSA-853/2025] Court on 09.10.2025 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. (BHUWAN GOYAL),J (INDERJEET SINGH),J Upendra Pratap Singh /26