HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc Suspension Of Sentence Application No. 102/2025 IN D.B. Criminal Appeal No.28/2025 Shankar Mali S/o Shri Rodu Lal, Aged About 69 Years, R/o Ambdkar Colony, Police Station Kotwali District Bundi At Present Shiv Colony Undalia Ki Dungri C/o Jagdish Prasad Mali Police Station Sadar District Bundi Rajasthan (At Present Confined In Central Jail Kota) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. B.N. Sandu. For Respondent(s) : Mr. Sudesh Kumar Saini, Additional Government Advocate assisted by Ms. Neha Goyal & Mr. Gaurav Gupta. HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order 03/03/2025 1. This suspension of sentence application has been filed by the applicant along with the appeal. 2. Counsel for the applicant has annexed the certificate under Rule 311 (3) of the Rajasthan High Court Rules to the effect that during the trial, the applicant was not bail and the sentence of life imprisonment has been awarded to the applicant under Section 302 of IPC and he is in judicial custody at Central Jail Kota. He further submits that the applicant has been falsely implicated in this matter and he is behind the bars for a period of more than six years. He further submits that the case rests on circumstantial (2 of 2) [SOSA-102/2025] evidence and the reports of FSL (Ex.P-106, P-107 & P-108) is found negative. He further submits that the hearing of appeal may take long time and prayed that sentence awarded to the applicant may be suspended and he be released on bail during the pendency of the appeal. 3. Learned Additional Government Advocate has opposed the suspension of sentence application. 4. We have heard counsel for the parties and perused the material available on record. 5. Considering the facts and circumstances of the present case and also considering the reports of the FSL (Ex.P-106, P-107 & P- 108) and the fact that the case rests on circumstantial evidence and the hearing of appeal may take long time, We deem it just and proper to allow this criminal miscellaneous suspension of sentence application. 6. 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 applicant shall remain suspended during the pendency of the criminal appeal and the applicant be admitted to bail subject to satisfaction of the trial Court with the stipulation that he shall appear before this Court on 04.04.2025 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 e-mail/fax for necessary compliance. (PRAMIL KUMAR MATHUR),J (INDERJEET SINGH),J MG/18