[2025:RJ-JP:36178-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1995/2024 In D.B. Criminal Appeal No.388/2024 Nokam Khan S/o Bhonda Khan @ Sattar Khan, Aged About 35 Years, R/o Village Baidoj Police Station Ramgarh, District Alwar (Raj.). (At Present Accused Confined In Central Jail, Alwar) ----Applicant Versus State Of Rajasthan, Through Public Prosecutor. ----Respondent For Applicant(s) : Mr. Kapil Gupta with Mr. Abhay Rathore and Mr. Ankit Kumar For Respondent(s) For Complainant(s) : : Mr. Rajesh Choudhary, GA-cum-AAG with Mr. Manvendra Singh Shekhawat, Dy. GA Mr. Azad Ahmed HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE BHUWAN GOYAL Order 09/09/2025 1. This suspension of sentence application has been filed by the accused-applicant along with the appeal. 2. Counsel appearing on behalf of the accused-applicant submits that the accused-applicant has been convicted under Sections 302 & 201 of IPC and accused-applicant has been sentenced to undergo life imprisonment for the offence under Section 302 of IPC. [2025:RJ-JP:36178-DB] (2 of 3) [SOSA-1995/2024] 3. Counsel for the accused-applicant has annexed the certificate under Rule 311 (3) of the Rajasthan High Court Rules to the effect that accused-applicant is in judicial custody. Counsel submits that the accused-applicant has falsely been involved in this case. Counsel further submits that accused-applicant was on bail during trial. He further submits that the case rests on circumstantial evidence. He also submits that statements of last seen witnesses are not reliable because one of them was the witness of recovery however their statements were recorded after five months of the recovery of deceased-skeleton. He further submits that even the brother of the deceased in the statement recorded under Section 161 CrPC just after recovery of skeleton, has not leveled allegation against the accused-applicant. He also submits that as per test identification parade, gold item (hasli) is also doubtful as all the three hasli were not shown identical during testing of identification parade. Counsel further submits that hearing of the appeal may take a long time. Therefore, he prayed that sentence awarded to the accused-applicant may be suspended and the accused- applicant be released on bail during the pendency of the appeal. 4. Learned GA-cum-AAG assisted by learned counsel for the complainant opposed the present application for suspension of sentence and submits that mother of the deceased (PW-2) in her co-statement has stated that the applicant was asking her daughter as blackish colour. 5. We have heard counsel for the parties and perused the record. 6. Considering the facts and circumstances of the present case; accused-applicant was on bail during trial and looking to the [2025:RJ-JP:36178-DB] (3 of 3) [SOSA-1995/2024] statements of last seen witnesses PW-8 & PW-11, also considering the identification parade test (Exhibit-P-8) and the appeal is not likely to be heard in near future, we deem it just and proper to allow this criminal miscellaneous suspension of sentence application. 7. In that view of the matter, this criminal suspension of sentence application is allowed and it is ordered that execution of sentence awarded to the accused-applicant shall remain suspended during the pendency of the criminal appeal and the accused-applicant be admitted to bail subject to satisfaction of the trial Court with the stipulation that the accused-applicant shall appear before this Court on 17.10.2025 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. (BHUWAN GOYAL),J (INDERJEET SINGH),J PAYAL DHAWAN /20