[2025:RJ-JP:607-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1437/2024 In D.B. Criminal Appeal No.389/2023 Mainpal @ Shuter S/o Daleep Singh, Aged About 29 Years, Bhaloth Police Station Pacheri Kalan, Dist- Jhunjhunu (Raj.) (Accused Appellant In Central Jail, Bikaner) ----Accused-Applicant Versus State Of Rajasthan, Through The Public Prosecutor ----Respondent For Applicant(s) : Mr. Sudhir Yadav For State For Complainant : Mr. Amit Punia, Addl. G.A. Mr. Gaurav Choudhary HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MRS. JUSTICE SHUBHA MEHTA Order 06/01/2025 1. Accused-applicant has preferred this application for suspension of sentence. 2. Heard on application for suspension of sentence. 3. It is contended by learned counsel for the accused-applicant that evidence against the accused-applicant is of weak nature. It is a case of circumstantial evidence and all the circumstances do not point towards the guilt of the accused-applicant. It is also contended that important witnesses have not been produced by the prosecution. It is further contended that accused-applicant has [2025:RJ-JP:607-DB] (2 of 2) [SOSA-1437/2024] remained in custody for a period of about six years and five months. Disposal of appeal will take time. 4. Learned Additional Govt. Advocate as well as learned counsel for the complainant have vehemently opposed the present application for suspension of sentence. It is contended that accused-applicant was seen running from the place of occurrence by the witnesses. Fire arm has been recovered at the instance of accused from the place of occurrence. As per the armory report, the fire arm was serviceable and the bullet was fired from the fire arm. It is also contended that clothes of the accused were stained with human blood of ‘B’ group which was matching with that of the deceased. 5. We have considered the contentions. 6. Considering the statement of P.W.-5 & P.W.-11; the recovery of fire arm and clothes at the instance of the accused-applicant, we are not inclined to entertain the application for suspension of sentence. 7. Criminal Misc. Suspension of Sentence Application is accordingly, dismissed. (SHUBHA MEHTA),J (PANKAJ BHANDARI),J LAKSHYA-DAKSH/34