[2025:RJ-JP:35850-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc Suspension Of Sentence Application No. 2319/2024 IN D.B. Criminal Appeal No.459/2024 1. Moin Khan @ Bindi S/o Kifayat Khan, R/o Baglada Thana Badoud District Shyopur At Present House Of Raees Khan @ Luka Creasar Bihar Police Thana Anantpura District Kota Rajasthan (At Present Confined At Central Jail Kota) 2. Shahnawaz @ Babu @ Kalu @ Soyab S/o Munna Ghosi, R/o Behind Fakiron Ki Masjid Kotdi Police Thana Gumanpura At Present Near Govt. Complex Ghonsi Mohalla Anantpura Thana Anantpura Kota Rajasthan (At Present Confined At Central Jail Kota) ----Petitioners Versus 1. State Of Rajasthan, Through P.p 2. Sharif S/o Abdul Salam, Aged About 26 Years, R/o Madrasi Mohalla Anantpura Kota City Rajasthan ----Respondents For Petitioner(s) : Mr. Abdul Kalam Khan. For Respondent(s) : Mr. Jitendra Singh Rathore, Additional Government Advocate assisted by Ms. Neha Goyal. HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE BHUWAN GOYAL Order 08/09/2025 1. Counsel for the applicant wants to withdraw the suspension of sentence application on behalf of applicant No.1 (Moin Khan @ Bindi S/o Kifayat Khan). [2025:RJ-JP:35850-DB] (2 of 3) [SOSA-2319/2024] 2. In that view of the matter, this suspension of sentence application filed on behalf of applicant No.1 (Moin Khan @ Bindi S/o Kifayat Khan) is dismissed, as prayed for. 3. This suspension of sentence application has been filed by the applicant No.2 (Shahnawaz @ Babu @ Kalu @ Soyab S/o Munna Ghosi) along with the appeal. 4. Counsel for the applicant No.2 (Shahnawaz @ Babu @ Kalu @ Soyab S/o Munna Ghosi) has annexed the certificate under Rule 311 (3) of the Rajasthan High Court Rules to the effect that during the trial, the applicant No.2 was on bail and the sentence of life imprisonment has been awarded to the applicant No.2 under Section 302/34 of IPC and he is in judicial custody at Central Jail, Kota. He further submits that the applicant No.2 has been falsely implicated in this matter. He further submits that ‘knife’ has been recovered at the instance of co-accused Moin Khan @ Bindi and the deceased died due to knife injury. He further submits that the hearing of appeal may take long time and prayed that sentence awarded to the applicant No.2 may be suspended and he be released on bail during the pendency of the appeal. 5. Learned Additional Government Advocate has opposed the suspension of sentence application. 6. We have heard counsel for the parties and perused the material available on record. 7. Considering the facts and circumstances of the present case and the fact that the applicant No.2 was on bail during trial and the hearing of appeal may take long time, We deem it just and [2025:RJ-JP:35850-DB] (3 of 3) [SOSA-2319/2024] 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 applicant No.2 (Shahnawaz @ Babu @ Kalu @ Soyab S/o Munna Ghosi) shall remain suspended during the pendency of the criminal appeal and the applicant No.2 (Shahnawaz @ Babu @ Kalu @ Soyab S/o Munna Ghosi) be admitted to bail subject to satisfaction of the trial Court with the stipulation that he shall appear before this Court on 16.10.2025 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 Gourav/26