[2025:RJ-JP:39645-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc 4th Suspension Of Sentence Application (Appeal) No. 1777/2025 In D.B. Criminal Appeal No.68/2020 1. Shivcharan S/o Meetha Lal Meena, R/o Mahanandpur, Jalokhara, Police Thana Sadar Gangapur City, Sawai Madhopur. (At Present Confined In Central Jail, Bharatpur) 2. Rajesh @ Monu S/o Shiv Charan, R/o Mahanandpur, Jalokhara, Police Thana Sadar Gangapur City, Sawai Madhopur. (At Present Confined In Central Jail, Bharatpur) ----Petitioners Versus State Of Rajasthan, Through P.p ----Respondent Connected With D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 2233/2024 In D.B. Criminal Appeal No.478/2019 Rahul S/o Lalaram, R/o House No. 407, Shankar Ji Ka Mandir Nainagiri Jhansi Police Thana Prem Nagar Distt. Jhansi Utter Pradesh. (At Present Confined At Distt. Jail Sevar Bharatpur) ----Petitioner Versus State Of Rajasthan, Through P.p ----Respondent For Petitioner(s) : Mr. Deshraj Gosingha Mr. Rajendra Singh Raghav Mr. Samar Singh Chauhan Mr. Ankur Singh Tomar Mr. Virendra Singh Rathore For Respondent(s) For Complainant(s) : : Mr. Sudesh Kumar Saini, Addl. GA Mr. Shiv Charan Gupta Mr. Tarun Jain Mr. D. Kumar Jangid HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE BHUWAN GOYAL [2025:RJ-JP:39645-DB] (2 of 3) [SOSA-1777/2025] Order 25/09/2025 1. These suspension of sentence applications have been filed by the appellants alongwith the appeals. 2. Counsel for the appellants 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 appellants under Section 302/120-B IPC and the appellants are in custody. Counsel further submits that the appellants have been falsely implicated in this matter and they have served the sentence for more than ten years and the sentence of co-accused persons has already been suspended by this Court. Counsel further submits that hearing of the appeal may take long time, hence, they be released on bail. 3. Counsel for the accused-applicants relied upon the judgment of 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 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. Govt. Advocate assisted by counsel for the complainant has opposed the application for suspension of sentence and submits that the applicants have never applied for early hearing of the appeal. 5. Heard counsel for the parties and perused the record. [2025:RJ-JP:39645-DB] (3 of 3) [SOSA-1777/2025] 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-applicants have served the sentence for more than ten years and hearing of appeal may take long time and also considering the period of custody, this application for suspension of sentence is allowed and it is ordered that execution of sentence awarded to the appellants shall remain suspended during the pendency of the appeal and the appellants be admitted to bail subject to satisfaction of the trial court with the stipulation that they shall appear before this Court on 03.11.2025 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. (BHUWAN GOYAL),J (INDERJEET SINGH),J JYOTI /30-31