Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:7862-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 134/2025 In D.B.Criminal Appeal No.72/2020 Gordhan S/o Ramkishan, Aged About 56 Years, R/o Kotadi Police Station Sangod Distt. Kota Raj. (At Present Confined In District Jail, Jhalawar) ----Applicant Versus State Of Rajasthan, Through P.p ----Respondent For Applicant(s) : Mr. Rohit Khandelwal For Respondent(s) : Mr. Sudesh Kumar Saini, Addl.GA Mr. Vivek Sharma, Addl.GA with Mr. Gaurav Gupta, Asst.GA HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA HON'BLE MR. JUSTICE BHUWAN GOYAL
Order 21/02/2025
1. Heard on suspension of sentence application.
2.
Learned counsel for the accused-applicant submit that the accused-applicant has been wrongly implicated in this matter. Accused-applicant is in judicial custody for more than 6 years and 6 months and he was on bail during trial. Learned counsel for the accused-applicant further submits that dead body was recovered from the room in the house of Ladbai and said room was in exclusive possession of Ladbai. Accused-applicant has no concerned with the room. Present case is based on circumstantial evidence. There is no cogent evidence against the accused-
[2025:RJ-JP:7862-DB] (2 of 2) [SOSA-134/2025] applicant, which connects him with the alleged offence and hearing of appeal may take long time. Sentence of the similar situated co-accused Manish @ Golu, Sonu @ Yogendra Singh & Lad Bai have already been suspended by the Coordinate Benches of this Court. Therefore, suspension of sentence application filed by the accused-applicant be suspended and the accused-applicant be released on bail during the pendency of the appeal.
3. Learned Additional Government Advocate has opposed the application for suspension of sentence.
4. We have considered the contentions.
5. Taking into consideration the fact that the sentence of the similar situated co-accused have already been suspended by the Coordinate Benches of this Court and disposal of appeal is likely to take long time and also considering the long period of judicial custody, we deem it just and proper to allow the application for suspension of sentence filed by the accused-applicant.
6. Accordingly, the application for suspension of sentence is allowed. It is ordered that execution of sentence awarded to the accused-applicant shall remain suspended during the pendency of the criminal appeal and he be admitted to bail subject to satisfaction of the trial Court with the stipulation that he shall appear before this Court on 21.03.2025 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 (NARENDRA SINGH DHADDHA),J Jatin /21