[2025:RJ-JP:36068-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc 2nd Suspension Of Sentence Application No. 2208/2024 IN D.B. Criminal Appeal No.113/2021 1. Ashan Son Of Usman Khan, Resident Of Maujmabad, Police Station Dudu, District Jaipur, At Present Lodged In The Central Jail, Jaipur 2. Farooq Son Of Umardaraj, Resident Of Maujmabad, Police Station Dudu, District Jaipur, At Present Lodged In The Central Jail, Jaipur 3. Gulfarm Son Of Lukman, Resident Of Maujmabad, Police Station Dudu, District Jaipur, At Present Lodged In The Central Jail, Jaipur ----Petitioners Versus State Of Rajasthan, Through The Public Prosecutor ----Respondent For Petitioner(s) : Mr. Ashvin Garg. For Respondent(s) For Complainant(s) : : Mr. Manvendra Singh Shekhawat, Deputy Government Advocate assisted by Ms. Neha Goyal. Mr. Azazul Haq. HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE ANOOP KUMAR DHAND Order 08/09/2025 1. This 2nd suspension of sentence application has been filed by the applicants along with the appeal. 2. Counsel for the applicants has annexed the certificate under Rule 311 (3) of the Rajasthan High Court Rules to the effect that the sentence of life imprisonment has been awarded to the [2025:RJ-JP:36068-DB] (2 of 3) [SOSA-2208/2024] applicants under Section 302/149 of IPC and they are in judicial custody at Central Jail, Jaipur. He further submits that the applicants have been falsely implicated in this matter and they have served the sentence for more than ten years. He further submits that hearing of appeal may take long time and prayed that sentence awarded to the applicants may be suspended and they be released on bail during the pendency of the appeal. 3. Counsel for the applicants has relied upon the judgment passed by the Hon’ble Supreme Court in the matter of ‘Saudan Singh versus The State of Uttar Pradesh’, (Criminal Appeal No.308/2022 (SLP (Crl.) No.4633/2021), decided on 25.02.2022, has been held as under:- “The second category of cases can be one where the person has served out more than 10 years of sentence. In these cases also at one go bail can be granted unless there are any extenuating circumstances against him.” 4. Learned Deputy Government Advocate assisted by counsel for the complainant has opposed the suspension of sentence application. 5. We have heard counsel for the parties and perused the material available on record. 6. Considering the facts and circumstances of the present case and also considering the fact that the applicants have served the sentence for more than ten years and the hearing of appeal may take long time, we deem it just and proper to allow this criminal miscellaneous suspension of sentence application. [2025:RJ-JP:36068-DB] (3 of 3) [SOSA-2208/2024] 7. 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 applicants shall remain suspended during the pendency of the criminal appeal and the applicants be admitted to bail subject to satisfaction of the trial Court with the stipulation that they shall appear before this Court on 16.10.2025 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. (ANOOP KUMAR DHAND),J (INDERJEET SINGH),J MG/02