[2025:RJ-JP:36568-DB] (1 of 3) [SOSA-2462/2024] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc Suspension Of Sentence Application No. 2462/2024 IN D.B. Criminal Appeal No.490/2024 Divyansh S/o Shri Mukesh Kumar Bhati, Aged About 25 Years, R/o Naya Ghar, Gulab Bari, P.s. Alwar Gate, Ajmer (At Present Confined In Central Jail, Ajmer) ----Accused Applicant Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Applicant(s) : Mr. Vinay Pal Yadav For Respondent(s) : Mr. Jitendra Singh Rathore, Addl.GA Mr. Ajay Kumar Jain & Mr. Aditya Jain for complainant HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE BHUWAN GOYAL Order 10/09/2025 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 offences under Sections 302, 397 & 120B of IPC. 3. Counsel for the accused applicant submits that the accused- applicant has been falsely implicated in this matter. Counsel further submits that although, recovery of ornaments has been [2025:RJ-JP:36568-DB] (2 of 3) [SOSA-2462/2024] made at the instance of the accused applicant, however, no identification parade of the ornaments was conducted by the police either during investigation or before the trial court. Counsel further submits that DNA report qua the applicant is also negative and hearing/disposal of appeal is likely to take long time. Therefore, he prays that sentence awarded to the accused- applicant may be suspended and the accused-applicant be released on bail during the pendency of the appeal. 4. Learned Additional Government Advocate as well as counsel for the complainant has opposed the application for suspension of sentence and submits that earlier the bail was granted to the co- accused person-Sumer Singh which was canceled by Hon’ble Supreme Court and on that basis the bail granted to the applicant was also canceled by this court. 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 also considering the fact that DNA report (Ex.P64) qua the applicant is negative; no identification parade was conducted by the police with regard to ornaments recovered from the accused applicant during trial 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 execution of sentence awarded to the accused-applicant shall remain suspended during the pendency of the criminal appeal and [2025:RJ-JP:36568-DB] (3 of 3) [SOSA-2462/2024] 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 27.10.2025 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 Anu /21