[2025:RJ-JP:9448-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc Suspension Of Sentence Application No. 75/2025 In D.B. Criminal Appeal No.13/2025 Omprakash @ Bobi S/o Sohanlal, Aged About 40 Years, R/o 70 Tanwar Ji Ki Kothi, Ward No 11, Udaipurwati Police Station Udaipurwati District Jhunjhunu (Rajasthan) (At Present Confined In Central Jail Bikaner) ----Petitioner Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Petitioner(s) : Mr. Arun Singh Shekhawat with Ms. Pooja Bhadoria For Respondent(s) : Mr. Sudesh Kumar Saini, Addl.G.A. Mr. Gaurav Gupta HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order 04/03/2025 1. This suspension of sentence application has been filed by the present accused-applicant along with the appeal. 2. Counsel appearing on behalf of the accused-applicant submits that the accused-applicant has been sentenced to undergo life imprisonment for the offence under Section 302 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 was on bail during trial and presently, he is [2025:RJ-JP:9448-DB] (2 of 3) [SOSA-75/2025] confined in Central Jail, Bikaner. Counsel further submits that the accused-applicant has been falsely implicated in this matter. Counsel further submits that the prosecution case is that the deceased and petitioner consumed liquor together on the fateful day. However, as per the Post-mortem Report, liquor was not found in the body of the deceased. Counsel further submits that the FSL report Ex.P-44 is negative and the case rest on circumstantial evidence. Counsel further submits that the hearing/disposal of appeal is likely to take long time. Therefore, he prayed that sentence awarded to the accused-applicant may be suspended and the accused-applicant be released on bail during the pendency of the appeal. 4. Learned Additional Government Advocate opposed the present application for suspension of sentence and submits that the complainant/victim has been intimated about filing of the criminal appeal as well as application for suspension of sentence. However, despite information no one has appeared on behalf of the victim/complainant. 5. We have heard counsel for the parties and perused the record. 6. Keeping in view the facts and circumstances of the present case and also considering the fact that the FSL report Ex.P-44 is negative and the accused-applicant was on bail during trial and also considering the fact that hearing/disposal of appeal is likely to take long time, we deem it just and proper to suspend the sentence of the present accused-applicant during the pendency of the appeal. [2025:RJ-JP:9448-DB] (3 of 3) [SOSA-75/2025] 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 the accused-applicant shall appear before this Court on 08.04.2025 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. (PRAMIL KUMAR MATHUR),J (INDERJEET SINGH),J Upendra Pratap Singh /11