[2025:RJ-JP:9703-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc Suspension Of Sentence Application No. 2300/2024 In D.B. Criminal Appeal No.348/2023 Jayant Sodhani S/o Sh. Rajesh Sodhani, Aged About 25 Years, R/o Pratapmal Vinayaika Marg Bajaj Road, Sikar, Rajasthan (At Present Accused Confined In Central Jail, Jaipur) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Pankaj Gupta For Respondent(s) : Mr. Rajesh Choudhary, GA-cum-AAG with Mr. Aman Kumar, AAAG Ms. Neha Goyal HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order 05/03/2025 1. This suspension of sentence application has been filed by the present accused-applicant along with the appeal. 2. Counsel appearing on behalf of the accused-applicant submits that the accused-applicant has been sentenced to undergo life imprisonment for the offence under Section 302 of IPC. 3. Counsel for the accused-applicant has annexed the certificate under Rule 311 (3) of the Rajasthan High Court Rules to the effect that the accused-applicant is in custody for more than last eight [2025:RJ-JP:9703-DB] (2 of 3) [SOSA-2300/2024] years and five months. He further submits that at present, the accused-applicant is serving his sentence in Open Air Camp, Jail, Sikar. He further submits that the accused-applicant has been falsely implicated in this matter and the hearing/disposal of appeal is likely to take long time. Therefore, he prayed that sentence awarded to the accused-applicant may be suspended and the accused-applicant be released on bail during the pendency of the appeal. 5. Learned counsel for the accused-applicant further relied upon the judgments passed by the Hon’ble Supreme Court in the matter of Riyasat & Anr. Vs. The State of Uttarakhand, through Secretary in Criminal Appeal No(s).1905-1906/2017 and another in the matter of Deep Raj Singh Vs. The State of Punjab in Special Leave to Appeal (Crl.) No.(s)2021/2021. 4. Learned Government Advocate-cum-Additional Advocate General opposed the present application for suspension of sentence. 5. We have heard counsel for the parties and perused the record. 6. Keeping in view the facts and circumstances of the present case and considering the fact that at present, the accused- applicant is serving his sentence in Open Air Camp, Sikar and also considering the fact that case rest on circumstantial evidence and hearing/disposal of appeal is likely to take long time, we deem it just and proper to suspend the sentence of the present accused- applicant during the pendency of the appeal. 7. In that view of the matter, this criminal miscellaneous suspension of sentence application is allowed and it is ordered that [2025:RJ-JP:9703-DB] (3 of 3) [SOSA-2300/2024] 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 the accused-applicant shall appear before this Court on 09.04.2025 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. (PRAMIL KUMAR MATHUR),J (INDERJEET SINGH),J Upendra Pratap Singh /29