HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc Suspension Of Sentence Application No. 1827/2024 In D.B. Criminal Appeal No.349/2024 Kishore Aks S/o Shri Ramavatar Soni, R/o Opp MBS Hospital Brajraj Colony Kala Bai Soni Ka Makan Thana Nayapura Kota (At Present Accused Appellant Is Confined At Central Jail Kota) ----Accused/Applicant Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Accused/ Applicant(s) : Mr. Shivraj Chauhan For State : Mr. Amit Poonia, Additional Govt. Advocate with Mr. Gaurav Gupta, Assistant Govt. Advocate HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MRS. JUSTICE SHUBHA MEHTA Order 07/01/2025 1. Accused/applicant has preferred this application for suspension of sentence. 2. Heard on application for suspension of sentence. 3. It is contended by counsel for the applicant that there are two eye witnesses PW.3 and PW.8 and both have not seen the person who had stabbed the deceased. It is also contended that there is no evidence that present applicant who was a child aged 16 years at the time of alleged incident has committed the offence (2 of 2) [SOSA-1827/2024] of murder. It is further contended that applicant was on bail during trial. Disposal of appeal will take time. 4. Learned Additional Govt. Advocate has opposed the application for suspension of sentence. 5. We have considered the contentions. 6. Considering the statement of PW.3 and PW.8; that there is no recovery of knife at the instance of applicant; that applicant was aged 16 years at the time of alleged incident and disposal of appeal will take time, we deem it proper to allow the suspension of sentence application. 7. Accordingly, the application for suspension of sentence application is allowed. It is ordered that the sentence awarded to applicant in Sessions Case No24/2020(CIS No.59/2020) 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/36