[2025:RJ-JP:30019-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1208/2025 In D.B. Criminal Appeal No.273/2025 Shaitan S/o Narayan Gurjar, Aged About 26 Years, R/o Village Sargaon Police Station Bhinai District Ajmer (At Present Confined In Central Jail Ajmer) ----Applicant Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Applicant(s) : Mr. Vinay Pal Yadav For Respondent(s) : Mr. Manvendra Singh Shekhawat,DGA HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE BHUWAN GOYAL Order 05/08/2025 1. This suspension of sentence application has been filed by the accused-applicant along with the appeal. 2. Counsel appearing on behalf of the accused-applicant submits that the accused-applicant has been convicted under Sections 302 & 120-B of IPC and accused-applicant has been sentenced to undergo life imprisonment for the offence under Section 302/120-B of IPC. 3. Counsel for the accused-applicant has annexed the certificate under Rule 311 (3) of the Rajasthan High Court Rules to the effect that accused-applicant is in judicial custody. Counsel submits that the accused-applicant has falsely been involved in this case. Counsel further submits that accused-applicant was on bail during trial, he has been convicted with the aid of Section 120-B of IPC [2025:RJ-JP:30019-DB] (2 of 2) [SOSA-1208/2025] and there is no direct evidence against the accused-applicant. He also submits that hearing of the appeal may take a long time. 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. 5. Learned Deputy Government Advocate opposed the present application for suspension of sentence. 6. We have heard counsel for the parties and perused the record. 7. Considering the facts and circumstances of the present case; accused-applicant was on bail during trial and the appeal is not likely to be heard in near future, we deem it just and proper to allow this criminal miscellaneous suspension of sentence application. 8. In that view of the matter, this criminal 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 the accused-applicant shall appear before this Court on 27.08.2025 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 PAYAL DHAWAN /27