[2025:RJ-JP:30298-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc Suspension Of Sentence Application No. 1293/2025 in D. B. Criminal Appeal No.286/2025 1. Mahaveer S/o Motilal, R/o Chavani Borda Police Station Gandoli District Bundi (Raj) (At Present Confined In District Jail Bundi) 2. Khana Urf Kanhaiya S/o Chitarlal, R/o Chavani Borda Police Station Gandoli District Bundi (Raj) (At Present Confined In District Jail Bundi) ----Petitioners Versus 1. State Of Rajasthan, Through P.p 2. Radheyshyam S/o Govind Das, Resident Of Chavani Borda Police Station Gandoli District Bundi (Raj) ----Respondents For Petitioner(s) : Mr. Pawan Kumar Verma, Advocate. For Respondent(s) : Mr. Manvendra Singh Shekhawat, Deputy Government Advocate. HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE BHUWAN GOYAL Order 06/08/2025 1. This suspension of sentence application has been filed by the accused-applicants along with the appeal. 2. Counsel appearing on behalf of the accused-applicant submits that the accused-applicant has been convicted and sentenced to undergo life imprisonment for the offence under Section 307/149 of IPC. 3. Counsel for the accused-applicants has annexed the certificate under Rule 311 (3) of the Rajasthan High Court Rules to the effect that accused-applicants are in judicial custody. Counsel further submits that the accused-applicants have been falsely [2025:RJ-JP:30298-DB] (2 of 3) [SOSA-1293/2025] implicated in this matter. Counsel further submits that allegation of causing head injury by using kulhari is against co-accused Sonu. Counsel further submits that the accused-applicants have been convicted with the aid of Section 149 Cr.P.C. Counsel further submits that during trial both the accused-applicants were on bail. Counsel further submits that the appeal is not likely to be heard in near future. Therefore, he prayed that sentence awarded to the accused-applicants may be suspended and the accused-applicants be released on bail during the pendency of the appeal. 4. Learned Deputy Government Advocate opposed the present application for suspension of sentence. 5. We have heard counsel for the parties and perused the record. 6. Keeping in view the facts and circumstances of the case and also considering the fact that both the accused-applicants were on bail during trial and also considering the fact that the act of causing head injury has been assigned to co-accused Sonu, 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-applicants shall remain suspended during the pendency of the criminal appeal and the accused-applicants be admitted to bail subject to satisfaction of the trial Court with the stipulation that the accused-applicants shall appear before this Court on 28.08.2025 and thereafter as and when called upon to do so. [2025:RJ-JP:30298-DB] (3 of 3) [SOSA-1293/2025] 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 Tushar/27