[2025:RJ-JP:35498-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc Suspension Of Sentence Application No. 2416/2024 In D.B. Criminal Appeal No.479/2024 Narsi Meena S/o Shri Gulliram Meena, Resident Of Gram Rupapura, Police Station Lalsot, Dausa. ( Accused Confined In Central Jail Jaipur). ----Petitioner Versus State Of Rajasthan, Through Public Prosecutor. ----Respondent For Petitioner(s) : Mr. Rajendra Singh Tanwar. For Respondent(s) : Mr. Manvendra Singh Shekhawat, Deputy Government Advocate assisted by Ms. Neha Goyal. HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE BHUWAN GOYAL Order 04/09/2025 1. This suspension of sentence application has been filed by the applicant along with the appeal. 2. Counsel for the applicant has annexed the certificate under Rule 311 (3) of the Rajasthan High Court Rules to the effect that during the trial, the applicant was not on bail and the sentence of life imprisonment has been awarded to the applicant under Section 302 of IPC and he is in judicial custody at Central Jail, Jaipur. He further submits that the applicant has been falsely implicated in this matter. He further submits that eye witness Vijay Singh (PW-3) has not supported the case of the prosecution during trial and the DNA report has not been exhibited by the prosecution during trial. He further submits that the case rest on [2025:RJ-JP:35498-DB] (2 of 2) [SOSA-2416/2024] circumstantial evidence and the applicant has served the sentence for last about 5 years and the hearing of appeal may take long time and prayed that sentence awarded to the applicant may be suspended and he be released on bail during the pendency of the appeal. 3. Learned Deputy Government Advocate has opposed the suspension of sentence application. 4. We have heard counsel for the parties and perused the material available on record. 5. Considering the facts and circumstances of the present case and the fact that eye witness Vijay Singh (PW-3) has been declared hostile during trial and the DNA report has not been exhibited by the prosecution during trial and the hearing of appeal may take long time, We deem it just and proper to allow this criminal miscellaneous suspension of sentence application. 6. 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 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 15.10.2025 and thereafter as and when called upon to do so. 7. 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 MG/22