[2025:RJ-JP:36384-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc. 2nd Suspension Of Sentence Application (Appeal) No. 1449/2025 In D.B. Criminal Appeal No.162/2021 1. Chagan Lal S/o Ram Gopal, Aged About 74 Years, R/o Hingoniya Police Station Mangrole District Baran (At Present Confined In Central Jail, Kota) 2. Parmanand S/o Ram Gopal, Aged About 40 Years, R/o Hingoniya Police Station Mangrole District Baran (At Present Confined In Central Jail, Kota) 3. Hari Om S/o Radhakishan, Aged About 36 Years, R/o Hingoniya Police Station Mangrole District Baran (At Present Confined In Central Jail, Kota) ----Petitioners Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Petitioner(s) : Mr. Rinesh Kumar Gupta For Respondent(s) : Mr. Manvendra Singh Shekhawat, Dy.GA assisted by Ms. Neha Goyal, Adv. HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE SAMEER JAIN Order 09/09/2025 1. This second suspension of sentence application has been filed by the appellants alongwith the appeal. 2. Counsel for the appellants has annexed the certificate under Rule 311 (3) of the Rajasthan High Court Rules to the effect that the sentence of life imprisonment has been awarded to the appellants under Section 302/149 IPC and the appellants are in [2025:RJ-JP:36384-DB] (2 of 3) [SOSA-1449/2025] custody. Counsel further submits that there are cross cases between the parties and the appellants have been falsely implicated in this matter and they have served the sentence for more than ten years. Counsel further submits that hearing of the appeal may take long time, hence, the sentence awarded to the appellants may be suspended during the pendency of the appeal and they be released on bail. 3. Counsel for the accused-applicants relied upon the judgment of 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.” 4. Learned Dy. GA has opposed the application for suspension of sentence. 5. Heard counsel for the parties and perused the record. 6. Considering the facts and circumstances of the case and considering the judgment passed by the Hon’ble Supreme Court in the matter of Saudan Singh (supra) and also considering the fact that the accused have served the sentence for more than ten years and the fact that hearing of appeal may take long time, this application for suspension of sentence is allowed and it is ordered that execution of sentence awarded to the appellants-(1) Chagan Lal S/o Ram Gopal (2) Parmanand S/o Ram Gopal (3) Hari Om S/o Radhakishan shall remain suspended during the pendency of the appeal and the appellants be admitted to bail [2025:RJ-JP:36384-DB] (3 of 3) [SOSA-1449/2025] subject to satisfaction of the trial court with the stipulation that they shall appear before this Court on 17.10.2025 and thereafter as and when called upon to do so. 7. Office is directed to send a copy of this order to the concerned trial court through email/fax for necessary compliance. (SAMEER JAIN),J (INDERJEET SINGH),J JYOTI /11