[2025:RJ-JP:13380-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc Suspension Of Sentence Application No. 2136/2024 In D. B. Criminal Appeal No.233/2024 Anandilal Son Of Shri Kishan, Aged About 88 Years, Resident Of Raigaron Ki Dhani Tan Devli Police Station Lalsot District Dausa (Rajasthan) (The Accused Appellant Presently Confined In Central Jail Dausa) ----Applicant Versus State Of Rajasthan, Through Pp ----Respondent For Applicant(s) : Mr. S. K. Gupta, Senior Adv. assisted by Mr. Rajneesh Gupta, Adv. & Ms. Surubhi Agarwal, Adv. For State(s) For Complainant(s) : : Mr. Rajesh Chaudhary, GA-cum-AAG Mr. Aman Kumar, AAAG Ms. Neha Goyal, Adv. Mr. Sudhir Jain, Adv. HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA HON'BLE MR. JUSTICE BHUWAN GOYAL Order 25/03/2025 1. Accused-applicant has preferred this application for suspension of sentence. 2. Heard on application for suspension of sentence. 3. Learned Senior counsel appearing for the accused-applicant submits that the applicant was on bail during the trial. He further submits that the Hon’ble Apex Court vide order dated 13.04.2018 passed in Petition for Special Leave to Appeal (Criminal) No.2508/2018 has granted bail to the accused-applicant on the [2025:RJ-JP:13380-DB] (2 of 3) [SOSA-2136/2024] ground that he was 81 years of age at that time and now, the accused applicant-Anandilal is 88 years of age. He further submits that the trial court has wrongly convicted the applicant for the offence under Section 302 read with Section 149 IPC. No specific overt act has been assigned to the applicant. He further submits that sentence awarded to co-accused persons namely; Ramjilal, Mannalal, Ashok, Bhaunrilal, Sharwanlal @ Sharwan and Kamlesh has already been suspended by the Co-ordinate Benches of this Court. He also submits that land where the alleged incident occurred, was not in possession of the complainant and it was a Sivaichak land. In the FIR, it was not mentioned that accused applicant was having ‘Sabbal’ (Iron Rod) in his hand. Hearing of appeal may take long time. So, the sentence awarded to the applicant may be suspended till disposal of the appeal. 4. Learned GA-cum-AAG as well as learned counsel for the complainant have opposed the arguments advanced by learned Senior counsel for the applicant and submit that Ramswaroop died due to the head injury. They submitted that the learned Senior counsel for the applicant in D.B. Criminal Misc. Suspension of Sentence Application No. 1361/2024 filed on behalf of accused- applicant Bhaunrilal, Sharwanlal @ Sharwan and Kamlesh, admitted the fact that Ramswaroop died due to injury No. 1 on his head, which was attributed to the present applicant. This fact has also been corroborated from the postmortem report of deceased- Ramswaroop. Today, learned Senior counsel has made the contradictory statement. So, looking to the gravity of offence(s), application for suspension of sentence filed by the applicant be dismissed. [2025:RJ-JP:13380-DB] (3 of 3) [SOSA-2136/2024] 5. We have considered the arguments advanced by learned Senior counsel for the applicant, learned counsel for the complainant as well as learned GA-cum-AAG. 6. It is an admitted position that Ramswaroop died due to injury No. 1 on his head which has been attributed to the present applicant-Anandilal. So, looking to the gravity of offence(s), we do not consider it a fit case to allow the application for suspension of sentence filed by the applicant. 7. Hence, this Suspension of Sentence Application is dismissed. (BHUWAN GOYAL),J (NARENDRA SINGH DHADDHA),J Tahir/Gourav/13