Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:9320-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1624/2024 In D.B. Criminal Appeal No.297/2024 Gopal Lal Son Of Mool Chand, Aged About 61 Years, Resident Of Near Village Happy School Srinagar Road, Police Station Alwar Gate, Ajmer Presently Resident Of House No. 43, Bajrang Nagar Colony, Mukundpura Road, Police Station Bhankrota Jaipur (Presently Confined In Central Jail Jaipur) ----Applicant Versus
1. State Of Rajasthan, Through Pp Jaipur Metropolitan - Ii
2. Prahlad Kharra Son Of Shri Choturam Kharra, Aged About 39 Years, Resident Of Village Kurbada Police Station Neem Ka Thana District Sikar ----Respondents For Applicant(s) : Mr. Rajneesh Gupta For Respondent(s) For Complainant : : Mr. Rajesh Choudhary, GA-cum-AAG with Mr. Gaurav Gupta, Assistant to GA and Mr. Aman Kumar, AAAG None 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 accused-applicant along with the appeal.
2.
Learned counsel for the applicant submits that the accused- applicant has been falsely involved in this matter and the case rests on circumstantial evidence. Counsel further submits that the accused-applicant was on bail during trial and hearing of appeal will take long time.
[2025:RJ-JP:9320-DB] (2 of 2) [SOSA-1624/2024]
3. It is informed by learned Government Advocate that the complainant/victim has been duly informed by the concerned SHO about filing of the criminal appeal as well as present application for suspension of sentence. Despite intimation, no one has put in appearance on behalf of the complainant/victim. Report in this regard has also been submitted and the same is taken on record and learned Government Advocate has opposed the suspension of sentence application.
4. We have heard counsel for the parties and perused the record.
5. Keeping in view the facts and circumstances of the present case and also considering the fact that the applicant was on bail during trial, we deem it just and proper to allow the application for suspension of sentence.
6. In that view of the matter, this criminal misc. 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.
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 Arun/4