[2025:RJ-JP:28816-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc Suspension Of Sentence Application No. 1633/2024 In D.B. Criminal Appeal No.303/2024 Santosh Son Of Shri Suraj, Aged About 50 Years, Resident Of Manauta Kalan, Police Station Nagar, District Bharatpur (Rajasthan) (Accused Appellant Presently Confined In Central Jail Sewer District Bharatpur) ----Petitioner Versus State Of Rajasthan, Through P.p ----Respondent For Petitioner(s) : Mr. S.K. Gupta, Sr. Adv., with Ms. Surabhi Agarwal Mr. Chanchal Sharma Mr. Heramb Saraswat For Respondent(s) : Mr. Rajesh Choudhary, GA-cum-AAG with Mr. Jitendra Singh Rathore, Addl.G.A. HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE BHUWAN GOYAL Order 30/07/2025 1. This suspension of sentence application has been filed by the accused-applicant along with the appeal. 2. Learned counsel appearing on behalf of the accused- applicant submits that the accused-applicant has been convicted for the offences under Sections 148, 341, 323/149, 325/149 of Indian Penal Code, 1860. 3. Learned counsel for the accused-applicant has annexed the certificate under Rule 311 (3) of the Rajasthan High Court Rules to [2025:RJ-JP:28816-DB] (2 of 3) [SOSA-1633/2024] the effect that the accused-applicant at present is in judicial custody. He further submits that the accused-applicant has been falsely implicated in this matter and the sentence of similarly situated co-accused persons have already been suspended by this Court. He further submits that deceased died due to fire arm injury and no fire arm has been recovered at the instance of the accused-applicant. He further submits that the appeal is not likely to be heard in near future and prayed that sentence awarded to the accused-applicant may be suspended and he be released on bail during the pendency of the appeal. 4. Learned Government Advocate-cum-Additional Government Advocate has opposed the application for suspension of sentence. 5. We have heard learned counsel for the parties and perused the record. 6. Considering the arguments advanced by the learned counsel for the parties and taking into account the facts and circumstances of the present case and also considering the fact that the sentence of similarly situated co-accused persons have already been suspended by this Court, without expressing any opinion on merits of the case, we deem it just and proper to allow this criminal miscellaneous suspension of sentence application. 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 he shall appear before this [2025:RJ-JP:28816-DB] (3 of 3) [SOSA-1633/2024] Court on 25.08.2025 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 Upendra Pratap Singh /38