HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 5/2025 In D.B. Criminal Appeal No.1/2025 Manish Kumar Son Of Bijendra Kumar, Aged About 22 Years, Resident Of Savlod Police Station Singhana District Jhunjhunu (Rajasthan) (At Present In Sub Jail Khertri) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Gajanand Yadav For Respondent(s) : Mr. Sudesh Kumar Saini, Addl. GA with Ms. Neha Goyal HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order 04/03/2025 1. This suspension of sentence application has been filed by the accused-applicant along with the appeal. 2. Counsel appearing on behalf of the accused-applicant submits that the accused-applicant has been convicted for the offences under Sections 323, 302 r/w Section 34 of IPC and sentenced under Section 323, 302 r/w 34 IPC. 3. Learned counsel for the accused-applicant submits that the accused-applicant has falsely been involved in this matter. He further submits that the eye witnesses, who are relatives of deceased PW.1 & PW.2 have admitted in their cross-examination (2 of 2) [SOSA-5/2025] that at the time of incident they were not present on the spot and they were in the house of their neighbour-Pyare Lal. Counsel submits that wife of deceased has been declared hostile during trial. The accused-applicant is in custody for more than two years and trial of the case may take long time. 4. Learned Additional Government Advocate has opposed the present suspension of sentence application. 5. We have heard counsel for the parties and perused the record. 6. Considering the submissions put-forth by counsel for the parties and taking into account the facts and circumstances of the present case and also considering the submission of PW.1, PW.2 and PW.7, 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 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 the accused-applicant be admitted to bail subject to satisfaction of the trial Court with the stipulation that he shall appear before this Court on 08.04.2025 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 sunita/10