[2025:RJ-JP:10053-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc. Second Suspension Of Sentence Application (Appeal) No. 2428/2024 In D.B. Criminal Appeal No.89/2021 Prabhulal S/o Nand Kishor, R/o Pipalada Viram P.s. Budadit Kota Rural (At Present Confined In Central Jail Kota) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Dinesh Singh, through VC Mr. Ajay Singh Yaduvanshi For Respondent(s) : Mr. Vivek Sharma, Additional GA with Mr. Gaurav Gupta, Assistant GA HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order 06/03/2025 1. This second suspension of sentence application has been filed by the accused-applicant along with the appeal. 2. Learned counsel for the applicant submits that the accused- applicant has been falsely involved in this matter. Counsel further submits that the application for suspension of sentence filed on behalf of co-accused-Yogendra has already been allowed by a Coordinate Bench of this Court on 06.11.2024 (D.B. Criminal Misc. Second (SOS) Application No.1257/2024 in D.B. Criminal Appeal No.67/2021). 3. Counsel for the applicant has relied upon the judgment passed by the Hon’ble Supreme Court in the matter of ‘Saudan Singh versus The State of Uttar Pradesh’, (Criminal Appeal No.308/2022 (SLP (Crl.) No.4633/2021), decided on 25.02.2022, where in relevant para it has been held as under:- [2025:RJ-JP:10053-DB] (2 of 2) [SOSA-2428/2024] “The second category of cases can be one where the person has served out more than 10 years of sentence. In these cases also at one go bail can be granted unless there are any extenuating circumstances against him.” 4. Learned Additional Government Advocate has opposed the application for suspension of sentence. 5. We have heard counsel for the parties and perused the record. 6. Considering the facts and circumstances of the present case and the fact that the applicant has served the sentence for a period of more than 11 years and also considering the fact that the sentence of co-accused-Yogendra has already been suspended by a Coordinate Bench of this Court and judgment passed by the Hon’ble Supreme Court in the matter of Saudan Singh (supra), we deem it just and proper to allow this criminal miscellaneous suspension of sentence application. 7. In that view of the matter, this criminal miscellaneous second 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 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 Arun/19