[2025:RJ-JP:22166-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc 3rd Suspension Of Sentence Application (Appeal) No. 100/2025 In D.B. Criminal Appeal No.273/2022 Rakesh Chaubdar @ Kaggal S/o Bhairu Lal, R/o Near Tejaji Mandir, Old Bardana, P.s. Railway Colony, Kota City (At Present Confined In Central Jail, Kota) ----Applicant Versus State Of Rajasthan, Through P.p ----Respondent For Applicant(s) : Mr. Shamsuddin Ansari, Adv. For Respondent(s) : Mr. Rajesh Chaudhary, GA-cum-AAG HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA HON'BLE MR. JUSTICE BHUWAN GOYAL Order 27/05/2025 1. Heard on 3rd application for suspension of sentence. 2. Learned counsel for the applicant submits that first suspension of sentence application filed by the applicant was dismissed by this Court vide order dated 18.04.2023 and this Court directed to prepare the paper book and list the appeal for final hearing. 3. Learned counsel for the applicant also submits that applicant filed 2nd suspension of sentence application on the ground that the matter was not listed for final hearing and hearing of the appeal was likely to take considerable time, so, it was prayed that suspension of sentence application be allowed and the applicant be released on bail but the same was also dismissed by this Court vide order dated 16.08.2024. [2025:RJ-JP:22166-DB] (2 of 2) [SOSA-100/2025] 4. Learned counsel for the applicant also submits that applicant is in judicial custody for more than 7 years. There is no direct evidence to connect the applicant with the alleged offence. Hearing of appeal may take long time. So, looking to the custody of period, the 3rd suspension of sentence application filed by the applicant be allowed. 5. Learned GA-cum-AAG has opposed the arguments advanced by learned counsel for the applicant and submitted that previous suspension of sentence application filed by the applicant was dismissed on merit. The body of the deceased was found from the applicant’s room and weapon and blood stained clothes were also recovered at the instance of the applicant and blood group of the deceased was also matched with the blood found on those articles. Last seen evidence is also against the applicant. So, looking to these circumstances, the 3rd suspension of sentence application filed by the applicant be dismissed. 6. We have considered the arguments advanced by learned counsel for the applicant as well as learned GA-cum-AAG. 7. Taking into consideration the facts and circumstances of the case, we do not find any ground to entertain the third application for suspension of sentence as there is no change in the facts and circumstances of the case after dismissal of the previous suspension of sentence applications. 8. Therefore, the 3rd suspension of sentence application filed by the applicant stands dismissed. (BHUWAN GOYAL),J (NARENDRA SINGH DHADDHA),J Jatin/09