[2025:RJ-JP:29886-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc 2nd Suspension Of Sentence Application (Ap- peal) No. 1441/2024 In D.B. Criminal Appeal No.151/2020 Tareef Kahn S/o Shri Fajalu Khan, Aged About 25 Years, R/o Bhensakhurd, P.s. Todabhim, District Karauli. (At Present In Cen- tral Jail Karauli) ----Applicant Versus State Of Rajasthan, Through P.p ----Respondent For Applicant(s) : Mr. Govind Prasad Rawat For Respondent(s) : Mr. Manvendra Singh Shekhawat, DGA with Mr. Aman Kumar, AAAG HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE BHUWAN GOYAL Order 05/08/2025 1. This second suspension of sentence application has been filed by the accused-applicant along with the appeal. 2. Counsel appearing on behalf of the accused-applicant sub- mits that the accused-applicant has been convicted under Sections 376 (2)(I)(N) & 363 of IPC and accused-applicant has been sen- tenced to undergo life imprisonment for the offence under Section 376 (2)(I)(N) 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 submits that [2025:RJ-JP:29886-DB] (2 of 3) [SOSA-1441/2024] the accused-applicant has falsely been implicated in this case. The accused-applicant served the sentence for more than ten years. Counsel further submits that at the time of incident, age of victim and accused-applicant was about 15 years & 20 years respectively and both belong to the same village. Counsel also submits that minimum sentence prescribed under the Act for the offence is ten years. Counsel also submits that hearing of the appeal may take a long time. Therefore, he prayed that sentence awarded to the ac- cused-applicant may be suspended and the accused-applicant be released on bail during the pendency of the appeal. 4. Learned counsel for the accused-applicant 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 has been 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 Deputy Government Advocate opposed the present application for suspension of sentence and submits that the com- plainant/victim has duly been informed through concerned SHO however, despite information no one has put in appearance on be- half of her. 6. We have heard counsel for the parties and perused the record. [2025:RJ-JP:29886-DB] (3 of 3) [SOSA-1441/2024] 7. Considering the facts and circumstances of the present case and the fact that the applicant has served sentence for more than ten years and the appeal is not likely to be heard in near future, we deem it just and proper to allow this criminal miscellaneous suspension of sentence application. 8. In that view of the matter, this second criminal suspension of sentence application is allowed and it is ordered that execution of sentence awarded to the accused-applicant shall remain sus- pended during the pendency of the criminal appeal and the ac- cused-applicant be admitted to bail subject to satisfaction of the trial Court with the stipulation that the accused-applicant shall ap- pear before this Court on 27.08.2025 and thereafter as and when called upon to do so. 9. Office is directed to send a copy of this order to the con- cerned trial Court through e-mail/fax for necessary compliance. (BHUWAN GOYAL),J (INDERJEET SINGH),J PAYAL DHAWAN /16