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2025 DAILYLAW 37168 (RAJ)

BUNTY SUMAN S/O. MISHRILAL v. STATE OF RAJASTHAN

SOSA/1909/2025 · 2025-12-09

Ashok Kumar Jain, Inderjeet Singh

Criminal Appealbody2025

Judgment text

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[2025:RJ-JP:50012-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc. 3rd Suspension Of Sentence Application (Appeal) No. 1909/2025 In D.B. Criminal Appeal No.17/2024 Bunty Suman S/o. Mishrilal, Aged About 32 Years, Resident Of Nohara Gali, Devpura, Police Station Kotwali, District Bundi (Raj.) (At Present Confined In Central Jail, Kota (Raj.) ----Petitioner Versus State Of Rajasthan, Through P.p. ----Respondent For Petitioner(s) : Mr. Govind Lal Choudhary For Respondent(s) : Mr. Jitender Singh Rathore, Addl. GA Mr. Gaurav Gupta, Assl. GA HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 09/12/2025 This third suspension of sentence application has been filed by the appellant alongwith the appeal. Counsel for the appellant has annexed the certificate under Rule 311 (3) of the Rajasthan High Court Rules to the effect that the sentence for life imprisonment has been awarded to the appellant under Section 302 IPC and he is in custody. Counsel further submits that the appellant has served the sentence for about four years and the hearing of the appeal may take long time, hence, the sentence awarded to the appellant may be [2025:RJ-JP:50012-DB] (2 of 2) [SOSA-1909/2025] suspended during the pendency of the appeal and he be released on bail. Learned Addl. Govt. Advocate has opposed the application for suspension of sentence and submits that according to the statement of eye witnesses as PW-1, 2 and 3, the applicant has caused knife injury on the person of deceased and knife has been recovered at the instance of the applicant. Counsel further submits that the FSL report (Ex.25) has also been found positive. In the facts and circumstances of the present case and considering the statement of eye witnesses as well as considering the FSL report (Ex. 25) and looking to the nature of the offence(s) against the appellant, We are not inclined to grant the indulgence to the appellant as prayed for. Hence, this third application for suspension of sentence stands dismissed. (ASHOK KUMAR JAIN),J (INDERJEET SINGH),J JYOTI /2