[2025:RJ-JP:33150-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc 2nd Suspension Of Sentence Application No. 1672/2024 IN D.B. Criminal Appeal No.104/2021 Waqar Ajhar Son Of Mohammad Tasleem, Aged About 27 Years, Resident Of 20 Purana Choudigharoka Mohalla Pali Rajasthan (Applicant Is Confined In Central Jail Jodhpur (Raj) ----Petitioner Versus State Of Rajasthan, Through P.p ----Respondent For Petitioner(s) : Ms. Deeksha Dwivedi, Mr. T.C. Swami & Mr. Harshit Sharma. For Respondent(s) : Mr. Rajendra Singh Shekhawat, Additional Government Advocate. HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 21/08/2025 1. This 2nd suspension of sentence application has been filed by the applicant alongwith the appeal. 2. Counsel for the applicant has annexed the certificate under Rule 311 (3) of the Rajasthan High Court Rules to the effect that the life imprisonment has been awarded to the applicant under Section 121 of IPC and he is in judicial custody at Central Jail, Jodhpur. Counsel further submits that the applicant has been falsely implicated in this matter and he has served the sentence for more than 11 years & 6 months. He further submits that the sentence of similarly situated co-accused persons has already [2025:RJ-JP:33150-DB] (2 of 3) [SOSA-1672/2024] been suspended by the Co-ordinate Bench of this Court in the matter of Mohammad Ammar Yasar Vs. State of Rajasthan passed in D.B. Misc. Suspension of Sentence Application No.343/2023 along with other connected matter) decided on 02.08.2023. He further submits that the hearing of appeal may take long time and prayed that sentence awarded to the applicant may be suspended and he be released on bail during the pendency of the appeal. 3. Counsel for the applicant relied upon the judgment passed by the 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.” 4. Learned Additional Government Advocate has opposed the application for suspension of sentence. 5. We have heard counsel for the parties and perused the material available on record. 6. Considering the facts and circumstances of the present case and also considering the fact that the sentence of similarly situated co-accused persons has already been suspended by the Co-ordinate Bench of this Court and the hearing of appeal may take long time, we deem it just and proper to allow this criminal miscellaneous 2nd suspension of sentence application. 7. In that view of the matter, this criminal miscellaneous 2nd suspension of sentence application is allowed and it is ordered that [2025:RJ-JP:33150-DB] (3 of 3) [SOSA-1672/2024] execution of sentence awarded to the applicant shall remain suspended during the pendency of the criminal appeal and the applicant be admitted to bail subject to satisfaction of the trial Court with the stipulation that he shall appear before this Court on 23.09.2025 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. (ASHUTOSH KUMAR),J (INDERJEET SINGH),J Tanisha/5