[2025:RJ-JP:30010-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc Suspension Of Sentence Application No. 2331/2024 In D.B. Criminal Appeal No.463/2024 1. Ravi S/o Omi @ Omprakash, R/o Vardhman Nagar Police Thana Nai Mandi, Hindaun City District Karauli (At Present Accused Appellant Are Confined In Central Jail, Bharatpur) 2. Somendra Singh S/o Dhannalal, R/o Keshar Colony, Police Thana Nai Mandi, Hindaun City District Karauli (At Present Accused Appellant Are Confined In Central Jail, Bharatpur) ----Petitioners Versus State Of Rajashtan, Through P.p ----Respondent For Petitioner(s) : Mr. Deepak Chauhan Mr. Harsh Joshi Mr. Ajay Meena For Respondent(s) : Mr. Manvendra Singh Shekhawat, Dy.G.A. Mr. Rajendra Sharma, for the complainant HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE BHUWAN GOYAL Order 05/08/2025 1. This suspension of sentence application has been filed by the accused-applicants along with the appeal. 2. Learned counsel for the accused-applicants submits that the sentence of life imprisonment has been awarded to the accused- applicants for the offence under Section 302/34 of Indian Penal Code, 1860. [2025:RJ-JP:30010-DB] (2 of 3) [SOSA-2331/2024] 3. Learned 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-applicants are confined in Central Jail, Bharatpur after judgment dated 29.11.2024. He further submits that the applicants have been falsely implicated in this matter and the sentence of life imprisonment has been awarded to the accused-applicants for the offence under Section 302/34 of Indian Penal Code, 1860. He further submits that the FIR has been lodged after a delay of nine days and according to Ex.D-4, the letter of the medical jurist to the SHO police station Hindaun, the deceased was admitted by his father stating that the deceased sustained injuries in a road accident. He further submits that no explanation was given by the doctor PW-18 in his cross- examination with regard to cause of death of deceased and according to his statement, all the injuries sustained by the deceased were simple in nature. He further submits that the hearing/disposal of appeal is likely to take long time, hence, the sentence awarded to the accused-applicants may be suspended and they be released on bail during the pendency of the appeal. 4. Learned Deputy Government Advocate assisted by learned counsel for the complainant has opposed the present application for suspension of sentence. 5. We have heard learned counsel for the parties and perused the record. 6. Considering the facts and circumstances of the present case and also considering the fact that the FIR has been lodged in this matter after a delay of 9 days and also considering the statement of doctor PW-18 as well as the document Ex.D-4; disposal of [2025:RJ-JP:30010-DB] (3 of 3) [SOSA-2331/2024] appeal is likely to take time; without expressing any opinion on merits of the case, we deem it just and proper to allow the application for suspension of sentence. 7. 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-applicants shall remain suspended during the pendency of the criminal appeal and the accused-applicants be admitted to bail subject to satisfaction of the trial Court with the stipulation that he shall appear before this Court on 27.08.2025 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. (BHUWAN GOYAL),J (INDERJEET SINGH),J Upendra Pratap Singh /59