[2025:RJ-JP:34328-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc Suspension Of Sentence Application No. 1482/2025 In D.B. Criminal Appeal No.265/2025 1. Sher Singh S/o Badri, Aged About 36 Years, Resident Of Kandroli Police Station Shri Mahaveer Ji District Karauli (Raj) (At Present Confined In Sevar Jail Bharatpur) 2. Karan Singh S/o Amar Singh, Aged About 35 Years, Resident Of Kandroli Police Station Shri Mahaveer Ji District Karauli (Raj) (At Present Confined In Sevar Jail Bharatpur) ----Accused- Applicants Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Petitioner(s) : Mr. Rinesh Gupta For Respondent(s) : Mr. Manvendra Singh Shekhawat, Dy.GA with Ms. Neha Goyal M. Abdul Kalam Khan for complainant HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE BHUWAN GOYAL Order 28/08/2025 1. This suspension of sentence application has been filed by the present accused-applicants along with the appeal. 2. Counsel appearing on behalf of the accused-applicants submits that the accused-applicants have been sentenced to undergo life imprisonment for the offence under Section 302/149 IPC. [2025:RJ-JP:34328-DB] (2 of 3) [SOSA-1482/2025] 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 were on bail during the course of trial. Counsel further submits that the accused-applicants have been falsely implicated in this matter. Counsel further submits that the accused have been convicted under Section 302 read with the aid of Section 149 IPC. Counsel further submits that according to the medical board as well as the opinion of the doctor, the deceased died due to head injury. Counsel further submits that according to Ex.P8, no allegation of causing head injury has been levelled against the accused applicants. Counsel further submits that the accused-applicants were on bail during trial and hearing/disposal of appeal is likely to take long time. 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 assisted by counsel for the complainant 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 present case and also considering the fact that accused applicants were on bail during trial and also considering the document Ex.P8 as well as the statement of doctor- PW-1 and also considering the fact that hearing/disposal of appeal is likely to take long time, we deem it just and proper to suspend the sentence of the present accused-applicants during the pendency of the appeal. [2025:RJ-JP:34328-DB] (3 of 3) [SOSA-1482/2025] 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 09.10.2025 and thereafter as and when called upon to do so. 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 Anu /30