[2025:RJ-JP:35921-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc Suspension Of Sentence Application No. 1538/2025 in D. B. Criminal Appeal No.83/2025 Rishi Kumar S/o Vishal Singh, Aged About 23 Years, Resident Of Kumrapura Police Sarmathura District Dholpur (At Present Confined In Central Jail Dholpur) ----Petitioner Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Petitioner(s) : Mr. Rinesh Gupta, Advocate. For Respondent(s) : Mr. Jitendra Singh Rathore, Additional Government Advocate. HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE BHUWAN GOYAL Order 08/09/2025 1. This suspension of sentence application has been filed by the accused-applicant along with the appeal. 2. Counsel appearing on behalf of the accused-applicant submits that the accused-applicant has been convicted and sentence to undergo life imprisonment for the offence punishable under Section 302 IPC read with Section 34 of IPC. 3. Counsel for the accused-applicant has annexed the certificate under Rule 311 (3) of the Rajasthan High Court Rules to the effect that accused-applicant is in judicial custody. Counsel further submits that the accused-applicant has been falsely implicated in this matter. Counsel further submits that the deceased died due to gunshot injury which has been assigned to co-accused Surjit and the accused-applicant was on bail during [2025:RJ-JP:35921-DB] (2 of 2) [SOSA-1538/2025] trial. Counsel further submits that the appeal is not likely to be heard in near future and prayed that sentence awarded to the accused-applicant may be suspended and he be released on bail during the pendency of the appeal. 4. Learned Additional Government Advocate opposed the application seeking 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 and also considering the fact that accused-applicant was on bail during trial and no weapon has been recovered at the instance of the applicant-accused and hearing of appeal may take long time, 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-applicant shall remain suspended during the pendency of the criminal appeal and the accused-applicant be admitted to bail subject to satisfaction of the trial Court with the stipulation that he shall appear before this Court on 16.10.2025 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 Tushar/44