[2025:RJ-JP:29080-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc 2nd Suspension Of Sentence Application No. 884/2025 In D.B. Criminal Appeal No. 148/2019 Shafiq @ Nada S/o Shri Rafiq @ Soni, Aged About 26 Years, R/o In Front Of Nurani Maszid Silawat Mohalla Police Station Dargah, District Ajmer, Rajasthan (At Present The Accused Is Confined In Central Jail Ajmer) ----Applicant Versus State Of Rajasthan, Through PP ----Respondent For Applicant(s) : Mr. Satish Kumar For Respondent(s) : Mr. Rajesh Choudhary, GA-cum-AAG with Mr. Vinod Sharma HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE BHUWAN GOYAL Order 31/07/2025 1. Heard on second suspension of sentence application. 2. Learned counsel for the applicant submits that the applicant has been falsely implicated in this matter. He submits that the accused-applicant has served the sentence for about ten years. 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. 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, wherein it has been held as under:- [2025:RJ-JP:29080-DB] (2 of 2) [SOSA-884/2025] “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.” 5. Learned Government Advocate-cum-Additional Advocate General has opposed the second suspension of sentence application. 6. We have heard counsel for the parties and perused the material available on record. 7. Considering the facts and circumstances of the present case and also considering the fact that the applicant has served the sentence for a period of about ten years as well as the judgment passed by the Hon’ble Supreme Court in the matter of Saudan Singh (supra) and the hearing of appeal may take long time; we deem it just and proper to allow this criminal miscellaneous second suspension of sentence application. 8. In that view of the matter, this criminal miscellaneous second 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 Court with the stipulation that he shall appear before this Court on 26.08.2025 and thereafter as and when called upon to do so. 9. 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 Sudeepak/30