[2025:RJ-JP:37802-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc IIIrd Suspension Of Sentence Application No. 1479/2025 in D. B. Criminal Appeal No.168/2019 Hanuman S/o Late Shri Nanda Ram, Aged About 22 Years, R/o Kebaniya Ps Arain Dist. Ajmer Raj. (At Present In Central Jail Jaipur) ----Applicant Versus State Of Rajasthan, Through P.P ----Respondent Connected With D.B. Criminal Misc IInd Suspension Of Sentence Application No. 1011/2025 in D. B. Criminal Appeal No.168/2019 Chhagan Lal S/o Shri Sujaram, Aged About 22 Years, Resident Of Village Tyod Police Station Roopangarh Dist. Ajmer Raj. (At Present Confined In Central Jail Jaipur) ----Applicant Versus State Of Rajasthan, Through P.P ----Respondent For Applicant(s) : Mr. Nirmal Kumar Sharma Mr. Lakhan Singh Tomar For Respondent(s) : Mr. Sudesh Kumar Saini, Addl.G.A. HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 16/09/2025 1. These suspension of sentence applications have been filed by the accused-applicants along with the appeal. 2. Counsel for the accused-applicants submits that the accused- applicants have been convicted and sentenced to undergo life [2025:RJ-JP:37802-DB] (2 of 3) [SOSA-1479/2025] imprisonment for the offences punishable under Sections 376D, 376(2)(N) and 376(2)(I) 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 the accused-applicants are in judicial custody. Counsel further submits that the accused-applicants have been falsely implicated in this matter and they have already served the sentence for more than 10 years and hearing of appeal may take long time and prayed that sentence awarded to the accused- applicants may be suspended and they be released on bail during the pendency of the appeal. 4. Counsel for the accused-applicants 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 Additional Government Advocate has opposed both the applications for suspension of sentence. 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 accused-applicants have already served the sentence for a period of more than ten years and hearing/disposal of appeal is likely to take long time and also [2025:RJ-JP:37802-DB] (3 of 3) [SOSA-1479/2025] in view of judgment passed by Hon’ble Supreme Court in the matter of ‘Saudan Singh’ (supra), we deem it just and proper to allow these criminal miscellaneous suspension of sentence applications. 8. In that view of the matter, these criminal miscellaneous suspension of sentence applications are 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 they shall appear before this Court on 29.10.2025 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. (ASHUTOSH KUMAR),J (INDERJEET SINGH),J Tanisha/32-33