HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc Suspension Of Sentence Application No. 1683/2024 In D.B. Criminal Appeal No.313/2024 Sumer Singh S/o Sunil Kumar @ Dhudaram, Aged About 44 Years, R/o Village Khohari Police Station Behror, District Alwar (Raj.). (At Present Confined In Central Jail Alwar) ----Applicant Versus 1. State Of Rajasthan, Through P.p. 2. Prakash S/o Chhetarmal Chamar, R/o Khohari P.s. Behror District Alwar ----Respondents For Applicant(s) : Mr. Sumer Singh Ola For Respondent(s) : Mr. Amit Poonia, Additional Govt. Advocate HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MRS. JUSTICE SHUBHA MEHTA Order 03/01/2025 1. It is informed by learned Additional Government. Advocate that victim has been intimated about filing of the appeal and application for suspension of sentence. Report in this regard has been submitted by learned Additional Government Advocate and the same is taken on record. 2. No one has put in appearance on behalf of victim. 3. Applicant has preferred this application for suspension of sentence. 4. Heard on application for suspension of sentence. (2 of 2) [SOSA-1683/2024] 5. It is contended by counsel for the applicant that applicant has remained in custody for a period of more than six years. It is also contended that applicant got bail during trial as there was delay in bail. It is further contended that solitary eye witness has turned hostile. There is no recovery of blood stained clothes or weapon of offence from the applicant. Disposal of appeal will take time. 6. Learned Additional Govt. Advocate has opposed the application for suspension of sentence. 7. We have considered the contentions. 8. Taking note of the fact that applicant has remained in custody for a period of six years; that matter is based on circumstantial evidence and disposal of appeal will take time, we deem it proper to allow the application for suspension of sentence. 9. Accordingly, the application for suspension of sentence is allowed. It is ordered that the sentence awarded to applicant in Sessions Case No.87/2016(CIS No.117/2016) shall remain suspended if the applicant furnishes a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each to the satisfaction of the learned trial Court to the effect that he shall appear before this Court as and when called upon to do so. (SHUBHA MEHTA),J (PANKAJ BHANDARI),J HEENA/15