[2025:RJ-JP:36958-DB] (1 of 4) [SOSA-1463/2024] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc Suspension Of Sentence Application No. 1463/2024 In D.B. Criminal Appeal No.161/2024 1. Shivraj Singh Alias Lala S/o Shri Pooran Singh, Aged About 45 Years, R/o Gudha Gorji, Police Station Gudha, Gorji, District Jhunjhunu (At Present Accused / Appellant Are Confined In Central Jail Bikaner) 2. Bhawani Singh S/o Shri Girwar Singh, R/o Kishor Singh Ki Kotadi Gudh, Police Station Gudha Gorji District Jhunjhunu (At Present Accused/ Appellant Are Confined In Central Jail Bikaner) 3. Karan Singh S/o Shri Bulendra Singh, R/o Kishor Singh Ki Kotadi Gudh, Police Station Gudha Gorji District Jhunjhunu (At Present Accused/ Appellant Are Confined In Central Jail Bikaner) 4. Naresh Kumar S/o Shri Nathuram, R/o Ward No. 1, Vyapariyo Ka Mohalla, Gudha Gorji Police Station Gudha Gorji District Jhunjhunu (At Present Accused/ Appellant Are Confined In Central Jail Bikaner) ----Accused Applicants Versus State Of Rajasthan, Through P.p ----Respondent For Applicant(s) : Mr. Deepak Chauhan with Mr. Harsh Joshi & Mr. Sahil Rajpurohit For Respondent(s) : Mr. Manvendra Singh Shekhawat, Dy.GA with Ms. Neha Goyal Mr. O.P.Jhajhria for complainant HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE BHUWAN GOYAL Order 11/09/2025 [2025:RJ-JP:36958-DB] (2 of 4) [SOSA-1463/2024] 1. This suspension of sentence application has been filed by the applicants along with the appeal. 2. Counsel for the applicants have 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 applicants under Section 302/149 of IPC and they are in judicial custody at Central Jail Bikaner. Learned counsel for the accused- applicants submits that the accused-applicants have been falsely implicated in this matter. Counsel further submits that the recovery of CCTV footage as well as video recording of the deceased is doubtful as the same has not been sent for FSL. Counsel further submits that the accused applicants-Shivraj Singh, Karan Singh & Naresh Kumar were on bail during trial. Counsel further submits that video recording can not be treated as cogent evidence and there is a delay in submitting the video recording of the deceased of one month. Counsel further submits that hearing/disposal of appeal is likely to take long time. Therefore, he prays that sentence awarded to the accused-applicants may be suspended and the accused-applicants be released on bail during the pendency of the appeals. 3. Learned Deputy Government Advocate assisted by counsel for the complainant has opposed the application for suspension of sentence and submits that PW20-Vidhyadhar, in the court statement stated that the deceased told him the names of the accused persons who had attached on him. Counsel further submits that Bhawani Singh was not granted bail during trial by this court and prays for dismissal of the application for suspension of sentence. [2025:RJ-JP:36958-DB] (3 of 4) [SOSA-1463/2024] 4. We have heard counsel for the parties and perused the record. 5. Considering the facts and circumstances of the present case, also considering the Article 1 in which the deceased, in his video recording, named the accused-Bhawani Singh-Applicant No.2 and Naresh Kumar-Applicant No.4 that they attacked on him by using “lathi” and “Sariya”, therefore in our considered view, no case is made out for allowing the suspension of sentence application filed on behalf of accused-Bhawani Singh-Applicant No.2 and Naresh Kumar-Applicant No.4. 6. So far as accused applicants No.1 Shivraj Singh & No.3 Karan Singh are concerned, considering the facts and circumstances and the fact that they were on bail during trial and they have not been named by deceased in his video recording recorded by PW-20- Vidhyadhar during the period when he was admitted in the hospital, we deem it just and proper to suspend the sentence of the accused-applicants No.1 Shivraj Singh & No.3 Karan Singh during the pendency of the appeal. 7. 7. In that view of the matter, the suspension of sentence application filed on behalf of accused-Bhawani Singh-Applicant No.2 and Naresh Kumar-Applicant No.4 is dismissed and the suspension of sentence application filed on behalf of accused- applicant No.1 Shivraj Singh & No.3 Karan Singh is allowed and it is ordered that execution of sentence awarded to the accused- applicants No.1 Shivraj Singh & No.3 Karan Singh shall remain suspended during the pendency of the criminal appeal and they be admitted to bail subject to satisfaction of the trial Court with the [2025:RJ-JP:36958-DB] (4 of 4) [SOSA-1463/2024] stipulation that they shall appear before this Court on 28.10.2025 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 /19