[2025:RJ-JP:15126-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1684/2023 In D.B. Criminal Appeal No. 317/2023 Badri Lal S/o Shri Madholal, Aged About 30 Years, R/o Padli, Po- lice Station Itawa, District Kota (Rajasthan) (Accused Confined In Central Jail, Kota) ----Petitioner Versus 1. State Of Rajasthan, Through P.p 2. Rajendra S/o Chhitarlal, R/o Ward No. 2, Bhagwanpura, Mangrol, Distirct Baran ----Respondents For Petitioner(s) : Mr. Kapil Gupta For Respondent(s) : Mr. Vivek Sharma, Addl. G.A Mr. Aman Kumar, AAAG HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE MUKESH RAJPUROHIT Order 03/04/2025 1. This suspension of sentence application has been filed by the applicant along with 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 during the trial, the applicant was not on bail and the sentence of life imprisonment has been awarded to the applicant under Sec- tion 302 of IPC and he is in judicial custody at Central Jail, Kota. He further submits that the applicant has been falsely implicated in this matter. He further submits that the case rests on circum- stantial evidence and there are two last seen witnesses. He further submits that the daughter of the deceased (PW-10) turned hostile [2025:RJ-JP:15126-DB] (2 of 2) [SOSA-1684/2023] and the dead body of the deceased was not recovered from the field which belongs to the applicant and the same was found from the nearby forest area. He further submits that applicant is in cus- tody for last about 4 years & 10 months and hearing of appeal may take long time and prayed that sentence awarded to the ap- plicant may be suspended and he be released on bail during the pendency of the appeal. 3. Learned Additional Government Advocate has opposed the suspension of sentence application. 4. We have heard counsel for the parties and perused the ma- terial available on record. 5. Considering the facts and circumstances and also considering the period of custody and that the hearing of appeal may take long time, We deem it just and proper to allow this criminal mis- cellaneous suspension of sentence application. 6. In that view of the matter, this criminal miscellaneous sus- pension of sentence application is allowed and it is ordered that execution of sentence awarded to the applicant shall remain sus- pended during the pendency of the criminal appeal and the appli- cant be admitted to bail subject to satisfaction of the trial Court with the stipulation that he shall appear before this Court on 22.05.2025 and thereafter as and when called upon to do so. 7. Office is directed to send a copy of this order to the con- cerned trial Court through e-mail/fax for necessary compliance. (MUKESH RAJPUROHIT),J (INDERJEET SINGH),J DIKSHA MISHRA /12