[2025:RJ-JP:34928-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc Suspension Of Sentence Application No. 1677/2024 In D.B. Criminal Appeal No.217/2024 Imran S/o Azad @ Happu, Aged About 25 Years, R/o Khilora, Police Station Ramgarh, District Alwar, (Rajasthan). (Accused Is Serving Sentence In Central Jail Alwar) ----Petitioner Versus 1. State Of Rajasthan, Through Public Prosecutor. 2. Mohammad Sharif S/o Shri Jumma, R/o Pemakhera, Tehsil And P.s. Punhana, District Nuh Mewat, Haryana. ----Respondents For Petitioner(s) : Mr. Rakesh Kumar Ms. Priyanka Chouhan Ms. Nisha Jhaknariya For Respondent(s) : Mr. Manvendra Singh Shekhawat, Dy. GA HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE BHUWAN GOYAL Order 01/09/2025 1. This application for suspension of sentence has been filed by the appellant alongwith the appeal. 2. Counsel for the appellant has annexed the certificate under Rule 311 (3) of the Rajasthan High Court Rules to the effect that the sentence of life imprisonment has been awarded to the appellant under Section 304B IPC. Counsel further submits that the appellant has been falsely implicated in this matter. Counsel further submits that at the time of alleged incident, the accused- applicant was not present at home. Counsel further submits that the deceased committed suicide by hanging. Counsel further submits that according to the statement of PW-3 who is the [2025:RJ-JP:34928-DB] (2 of 2) [SOSA-1677/2024] neighbour of the applicant who immediately reached on the spot and saw that the deceased has committed suicide by hanging and the Investigating Officer (PW-10) in his cross-examination admitted that no mobile phone as well as call details of the complainant and deceased were collected during the investigation. Counsel further submits that the applicant is in custody for last about five years. Counsel further submits that hearing of the appeal may take long time, hence, the sentence awarded to the appellant may be suspended during the pendency of the appeal and he be released on bail. 3. Learned Dy. GA has opposed the application for suspension of sentence. 5. Considering the facts and circumstances of the case, the period of custody and also considering the statement of PW3 as well as of the Investigating Officer (PW10), this application for suspension of sentence is allowed and it is ordered that execution of sentence awarded to the appellant-Imran S/o Azad @ Happu shall remain suspended during the pendency of the appeal and the appellant be admitted to bail subject to satisfaction of the trial court with the stipulation that he shall appear before this Court on 13.10.2025 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 email/fax for necessary compliance. (BHUWAN GOYAL),J (INDERJEET SINGH),J JYOTI /25