[2025:RJ-JP:33168-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc. 2nd Suspension Of Sentence Application (Appeal) No. 1643/2025 In D.B. Criminal Appeal No.532/2017 Vaakil @ Vakil S/o Shri Padmo @ Padma @ Padamnath, R/o Sapera Basti, Near Jogi Gatte Nala, Choudhary Chetram, Thok Fal Sabji Mandi, Keshopura Piragadi, Police Station Tilak Nagar, New Delhi. (At Present Confined In Central Jail Kota) ----Petitioner Versus State Of Rajasthan, Through P.p ----Respondent For Petitioner(s) : Mr. Govind Prasad Rawat For Respondent(s) : Mr. Rajendra Singh Shekhawat, Addl. GA HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 21/08/2025 1. This second suspension of sentence application has been filed by the appellant alongwith the appeal. 2. Counsel for the appellant 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 appellant under Section 396, 302/149 IPC and the appellant is in custody. Counsel further submits that the appellant has been falsely implicated in this matter and the appellant has served the sentence for more than twelve years. Counsel further submits that hearing of the appeal may take long time, hence, the sentence awarded to the appellant may be suspended during the pendency of the appeal and he be released on bail. 3. Counsel for the accused-applicant relied upon the judgment of Hon’ble Supreme Court in the matter of ‘Saudan Singh versus [2025:RJ-JP:33168-DB] (2 of 2) [SOSA-1643/2025] 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 Addl. 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 has served the sentence for more than twelve years, this application for suspension of sentence is allowed and it is ordered that execution of sentence awarded to the appellant-Vaakil @ Vakil S/o Shri Padmo @ Padma @ Padamnath shall remain suspended during the pendency of the appeal and the appellant be admitted to bail subject to satisfaction of the trial court with the stipulation that he shall appear before this Court on 23.09.2025 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.. (ASHUTOSH KUMAR),J (INDERJEET SINGH),J JYOTI /36