[2025:RJ-JP:8094-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc. 5th Suspension Of Sentence Application No. 962/2024 In D.B. Criminal Appeal No.695/2017 Sonu @ Riyasat Ali S/o Shri Nisar Ahamd, Aged About 30 Years, R/o Maliyon Ka Mohalla, Kanwas District Kota (At Present Confined In Open Jail Kota) ----Petitioner Versus 1. State Of Rajasthan, Through P.p 2. Victim, R/o ----Respondents For Petitioner(s) : Mr. Shivendra Rathore For Respondent(s) : Mr. Rajesh Choudhary, GA-cum-AAG with Mr. Aman Kumar, AAAG Mr. Vinod Sharma HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order 24/02/2025 1. This suspension of sentence application has been filed by the accused-applicant along with the appeal. 2. Learned counsel for the accused-applicant submits that the sentence of life imprisonment has been awarded to the accused- applicant for the offences under Section 376 (2) (G) of Indian Penal Code, 1908 and Section 3 (2) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 3. Learned counsel for the accused-applicant has annexed the certificate under Rule 311 (3) of the Rajasthan High Court Rules to the effect that the accused-applicant was on bail during trial and [2025:RJ-JP:8094-DB] (2 of 3) [SOSA-962/2024] after conviction, he is serving sentence at Central Jail, Kota. He further submits that the accused-applicant has been falsely implicated in this matter and he has served the sentence for the period of more than 12 years. He further submits that the similarly situated co-accused person Banti @ Irphan has already been released on bail by the Co-ordinate Bench of this Court vide order dated 29.01.2025 in D.B. Criminal Misc. 3rd Suspension of Sentence Application (Appeal) No.810/2024 in D.B. Criminal Appeal No.695/2017. He further submits that the hearing/disposal of appeal is likely to take long time, hence, the sentence awarded to the applicant may be suspended and he be released on bail during the pendency of the appeal. 4. He further 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 is 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.” 5. Learned Government Advocate-cum-Additional Advocate General has opposed the present application for suspension of sentence and submits that the complainant/victim has duly been informed about filing of the present suspension of sentence application along with appeal. However, none has appeared on behalf of the complainant/victim to oppose this suspension of sentence application. [2025:RJ-JP:8094-DB] (3 of 3) [SOSA-962/2024] 6. We have heard learned counsel for the parties and perused the record. 7. Considering the facts and circumstances of the present case and also considering the fact that the accused-applicant has served the sentence for the period of more than 12 years and also considering the judgment passed by the Hon'ble Supreme Court in the matter of Saudan Singh (supra) and disposal of appeal is likely to take time, we deem it just and proper to allow the application for suspension of sentence. 8. Accordingly, the present application for suspension of sentence is allowed. It is ordered that the sentence awarded to accused-applicant Sonu @ Riyasat Ali S/o Shri Nisar Ahamd in Sessions Case No.51/2011 CIS No.86320/2014 shall remain suspended during the pendency of the appeal and he shall be released on bail if he furnishes a personal bond of Rs.1,00,000/- along with two sureties of Rs.50,000/- each to the satisfaction of the learned Trial Court to the effect that he shall appear before this Court on 24.03.2025 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. (NARENDRA SINGH DHADDHA),J (INDERJEET SINGH),J Upendra Pratap Singh /1