[2025:RJ-JP:35471-DB] (1 of 3) [SOSA-2188/2024] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc Suspension Of Sentence Application No. 2188/2024 in D. B. Criminal Appeal No.275/2022 Sunil Kumar @ Leader @ Shooter S/o Ramkumar, Aged About 36 Years, R/o Mo. Jatwada, Nangli Paralpur Road, Near Hanuman Temple, Baval Police Station Baval, District Rewari (Haryana)(At Present Confined In Central Jail, Alwar) ----Petitioner Versus State Of Rajasthan, Through The Pp ----Respondent For Petitioner(s) : Mr. Rinesh Gupta, Advocate. Mr. Kuldeep Yadav, Advocate. For Respondent(s) : Mr. Rajesh Choudhary, Government Advocate-cum-Additional Advocate General assisted by Mr. Jitendra Singh Rathore, Additional Government Advocate. HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE BHUWAN GOYAL Order 04/09/2025 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 and sentence to undergo life imprisonment for the offence punishable under Section 302 IPC read with Section 34 of IPC. [2025:RJ-JP:35471-DB] (2 of 3) [SOSA-2188/2024] 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 further submits that the accused-applicant has been falsely implicated in this matter and the accused-applicant has already undergone incarceration for a period exceeding eleven years. Counsel further submits that the other co-accused persons has already been acquitted by the learned Trial Court and the appeal is not likely to be heard in near future and prayed that sentence awarded to the accused-applicant may be suspended and he be released on bail during the pendency of the appeal. 4. Counsel for the accused-applicant placed reliance on the authoritative pronouncement of 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, wherein it is 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.” 5. Learned Government Advocate-cum-Additional Advocate General assisted by learned Additional Government Advocate opposed the application seeking suspension of sentence. 6. We have heard counsel for the parties and perused the record. 7. Considering the facts and circumstances of the present case and also considering the fact that the accused-applicant has [2025:RJ-JP:35471-DB] (3 of 3) [SOSA-2188/2024] already endured imprisonment for a period exceeding eleven years and the other co-accused persons have been acquitted by the learned Trial Court and hearing of appeal may take long time and also in consonance with the authoritative ruling of the Hon’ble Supreme Court in the matter of ‘Saudan Singh’ (supra), we deem it just and proper to allow this criminal miscellaneous suspension of sentence application. 8. 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 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 he shall appear before this Court on 15.10.2025 and thereafter as and when called upon to do so. 9. 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 Tushar/20