[2025:RJ-JP:38663-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc 4th Suspension Of Sentence Application No. 1642/2024 IN D.B. Criminal Appeal No.300/2019 Sharwan Kumar S/o Shri Mohan Ram, R/o Ward No. 42, Man- drela Bypass Road, Jhunjhunu Raj. (At Present Lodged In Central Jail Bikaner ) ----Petitioner Versus State Of Rajasthan, Through P.p ----Respondent For Petitioner(s) : Mr. Jitendra Singh Tanwar For Respondent(s) : Mr. Sudesh Kumar Saini, AGA HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 19/09/2025 1. This suspension of sentence application has been filed by the accused-applicant along with the appeal. 2. Counsel appearing on behalf of the accused-applicant submits that the accused-applicant has been convicted and sentenced to undergo life imprisonment for the offence punishable under Section 302 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 is in judicial custody. Counsel further submits that the accused-applicant has been falsely implicated in this matter and the accused-applicant has already served the [2025:RJ-JP:38663-DB] (2 of 3) [SOSA-1642/2024] sentence for a period of nine years and ten months. Counsel further submits that appeal is not likely to be heard in near future. Therefore, he prayed that sentence awarded to the accused- applicant may be suspended and he be released on bail during the pendency of the appeal. 4. Counsel for the accused-applicant relied upon the judgment of Hon’ble Supreme Court in the matter of ‘Saudan Singh versus The State of Uttar Pradesh’, (Criminal Appeal No.308/2022 (SLP (Crl.) No.4633/2021), decided on 25.02.2022, wherein it is held as under: “The second category of cases can be one where the person has served out more than 10 years of sentence. In these cases also at one go bail can be granted unless there are any extenuating circumstances against him.” 5. Learned Additional Government Advocate opposed the application for suspension of sentence. 6. We have heard counsel for the parties and perused the record. 7. Considering the facts and circumstances of the present case, and also considering the fact that the accused-applicant has already served the sentence for a period of nine years and ten months and hearing of appeal may take long time and also in view of judgment passed by Hon’ble Supreme Court in the matter of ‘Saudan Singh’ (supra), we deem it just and proper to allow this criminal miscellaneous suspension of sentence application. 8. 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 [2025:RJ-JP:38663-DB] (3 of 3) [SOSA-1642/2024] 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 Court on 31.10.2025 and thereafter as and when called upon to do so. 9. Office is directed to send a copy of this order to the concerned trial Court through e-mail/fax for necessary compliance. (ANIL KUMAR UPMAN),J (INDERJEET SINGH),J GAUTAM JAIN /2