[2025:RJ-JP:2222-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 2058/2024 In D.B. Criminal Appeal No.393/2024 Biram Singh @ Kalu Son Of Shri Ghasi, Resident Of Village Kanjipura, Faisagar Road, Police Station Ganj, Ajmer. (At Present In Central Jail, Ajmer) ----Accused-Applicant Versus State Of Rajasthan, Through P.P. ----Respondent For Applicant(s) : Mr. Shyam Bihari Gautam For Respondent(s) : Mr. Vivek Gupta, Addl. G.A. with Mr. Gaurav Gupta, Asst. G.A. & Ms. Neha Goyal HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MRS. JUSTICE SHUBHA MEHTA Order 16/01/2025 1. Accused-applicant has preferred this application for suspension of sentence. 2. Heard on application for suspension of sentence. 3. It is contended by learned counsel for the accused-applicant that in the FIR lodged by the son and brother of the deceased, allegations were levelled against four persons and there was no allegation against the accused-applicant. It is also contended that the police from the very beginning proceeded against the accused- applicant and has collected material to save the person, who has [2025:RJ-JP:2222-DB] (2 of 3) [SOSA-2058/2024] committed the offence. It is contended that the deceased was found near Foy Sagar, Ajmer and she was taken to a hospital. She died on 08.10.2017 and on the same day she was shifted to another hospital. However, there is a time lapse between discharge and admission in the hospital. It is also contended that the recovery also does not point towards guilt of the accused- applicant and the last seen evidence is also not reliable as they did not intimate the son of the deceased about deceased being seen with the accused-applicant. 4. Learned Additional Govt. Advocate as well as learned counsel for the complainant have vehemently opposed the present application for suspension of sentence. It is contended that there is last seen evidence of persons who have seen the accused- applicant with the deceased. There is recovery of blood stained clothes of the accused-applicant and wrench Pana which was used for committing the offence. It is also contended that from the place of occurrence, Aadhar Card of the accused-applicant and the diary wherein the accounts of the deceased were recorded, were also recovered. 5. We have considered the contentions. 6. The incident is stated to have taken place on 30th September, 2017. On 01st October itself, police has recorded the statements of witnesses since name of some persons were mentioned in the FIR. In the statement of witnesses, police ascertained from the last seen witnesses, as to whether the persons named in the FIR were with the deceased. Considering the statement of last seen [2025:RJ-JP:2222-DB] (3 of 3) [SOSA-2058/2024] witnesses as well as recovery of blood stained clothes of the accused-applicant; the recovery of blood stained wrench Pana from the accused-applicant; the recovery of jewellery of the deceased from the accused-applicant; we are not inclined to entertain the application for suspension of sentence. 7. Criminal Misc. Suspension of Sentence Application is accordingly, dismissed. (SHUBHA MEHTA),J (PANKAJ BHANDARI),J LAKSHYA-DAKSH/78