[2025:RJ-JP:30839-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc Suspension Of Sentence Application No. 2043/2024 IN D.B. Criminal Appeal No.286/2024 Nafis @ Sayed Nafisuddin Son Of Bajiuddin Chisty, Aged About 60 Years, Resident Of Malabar House, Khadim Mohalla, Ajmer (At Present Accused Appellant Is Confined In Central Jail Ajmer) ----Petitioner Versus State Of Rajasthan, Through P.p ----Respondent For Petitioner(s) : Mr. Sunil Tyagi. Mr. Anirudh Tyagi. Mr. Buddhi Prakash Meena. Mr. Saurabh Dharampal Vaishnav. For Respondent(s) : Mr. Rajesh Choudhary, GA-cum-AAG assisted by Mr. Aman Kumar, AAAG. HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE BHUWAN GOYAL Order 08/08/2025 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 on bail and the sentence of life imprisonment has been awarded to the applicant under Section 376 read with Section 37 & 120B of IPC and he is in judicial custody for last about 9 years. He further submits that the applicant has been falsely implicated in this matter. He further [2025:RJ-JP:30839-DB] (2 of 3) [SOSA-2043/2024] submits that the applicant is a senior citizen, about 64 years of age and his name does not appear in the FIR. He further submits that on a previous occasion, when the co-accused were sentenced to life imprisonment by the learned Trial Court, the matter was appealed to the Hon’ble Supreme Court, which subsequently reduced the co-accuseds’ sentences to 10 years. He further submits that the hearing of appeal may take long time and prayed that sentence awarded to the applicant may be suspended and he be released on bail during the pendency of the appeal. 3. Learned Government Advocate-cum-Additional Advocate General has opposed the suspension of sentence application and submits that the applicant himself is responsible for delaying the trial for about 32 years. 4. We have heard counsel for the parties and perused the material available on record. 5. Considering the facts and circumstances of the present case and the fact that the applicant is a senior citizen, about 64 years of age and he is in custody for last about 9 years and sentence of similarly situated co-accused persons has already been reduced upto 10 years by the Hon’ble Supreme Court and the hearing of appeal may take long time, We deem it just and proper to allow this criminal miscellaneous suspension of sentence application. 6. In that view of the matter, this criminal miscellaneous suspension of sentence application is allowed and it is ordered that execution of sentence awarded to the applicant shall remain suspended during the pendency of the criminal appeal and the applicant be admitted to bail subject to satisfaction of the trial [2025:RJ-JP:30839-DB] (3 of 3) [SOSA-2043/2024] Court with the stipulation that he shall appear before this Court on 01.09.2025 and thereafter as and when called upon to do so. 7. 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 MG/73