[2025:RJ-JP:15425-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc Suspension Of Sentence Application No. 2148/2024 In D.B Criminal Appeal No.416/2024 Vidhi Se Sangharshrat Balak Jee Son Of Hawa Singh, Aged About 40 Years, Resident Of Kishorepura P S Chirada Dist Jhunjhunu At Present In Central Jail Bikaner ----Petitioner Versus State Of Rajasthan, Through The Pp ----Respondent For Petitioner(s) : Mr. Biri Singh Sinsinwar, Senior Counsel assisted by Mr. J.P. Rathore. For Respondent(s) : Mr. Vivek Sharma, Additional Government Advocate & Mr. Gourav Gupta. HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE MUKESH RAJPUROHIT Order 07/04/2025 1. This suspension of sentence application has been filed by the applicant along with this appeal. 2. Learned Senior 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 302/34 of IPC. He submits that the applicant has been falsely implicated in this matter and it is case of circumstantial evidence and one of the recovery witnesses has turned hostile during trial. He further submits that applicant was [2025:RJ-JP:15425-DB] (2 of 2) [SOSA-2148/2024] juvenile at the time of committing murder. He further submits that the applicant was in judicial custody for last five years and 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 this appeal. 3. Learned Additional Government Advocate has opposed the application for suspension of sentence. 4. We have heard counsels for the parties and perused the record. 5. Considering the facts and circumstances of the present case and the fact that the applicant was in judicial custody for last five 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. 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 Court with the stipulation that he shall appear before this Court on 26.05.2025 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. (MUKESH RAJPUROHIT),J (INDERJEET SINGH),J Diksha Mishra/20