[2025:RJ-JP:41738-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc 2nd Suspension Of Sentence Application (Ap- peal) No. 1622/2025 IN D. B. Criminal Appeal No. 43/2020 Arif S/o Shri Sadiq, R/o G-15, Bombay Yojna, Rangbadi, Kota City, Kota (Raj) (At Present Confined In Open Air Camp Kota) ----Applicant Versus State Of Rajasthan, Through P.p ----Respondent For Applicant(s) : Mr. Govind Prasad Rawat For Respondent(s) : Mr. Sudesh Kumar Saini, Addl. GA Mr. Vijay Singh Yadav, Addl. GA HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE SAMEER JAIN Order 13/10/2025 1. This second suspension of sentence application has been filed by the accused-applicant along with the appeal. 2. Counsel for the accused-applicant submits that the accused- applicant has been convicted and sentenced to undergo life im- prisonment for the offence punishable under Section 302/149 of IPC. 3. Counsel further submits that he has annexed certificate un- der Section 311(3) of the Rajasthan High Court Rules to the effect that the accused-applicant is in judicial custody. Learned counsel for the applicant submits that applicant has falsely been involved in the matter. Counsel further submits that the applicant has [2025:RJ-JP:41738-DB] (2 of 3) [SOSA-1622/2025] served the sentence for more than ten years. Counsel further sub- mits that hearing of the appeal may take longtime, hence, the sentence awarded to the applicant may be suspended during the pendency of the appeal. 4. Counsel for the accused-applicant has relied upon the judg- ment of Hon’ble Supreme Court in the matter of ‘Saudan Singh versus The State of Uttar Pradesh’, (Criminal Appeal No.308/2022(SLP (Crl.) No.4633/2021), decided on 25.02.2022, wherein it is held as under:- “The second category of cases can be one where the person has served out more than 10 years of sen- tence. In these cases also at one go bail can be granted unless there are any extenuating circum- stances against him.” 5. Learned Addl. Govt. Advocate has opposed the second appli- cation for suspension of sentence. 6. Heard counsel for the parties and perused the record. 7. Considering the facts and circumstances of the case and con- sidering the judgment passed by the Hon’ble Supreme Court in the matter of Saudan Singh (supra) and also considering the period of custody and also considering that hearing of appeal may take long time, we deem it just and proper to allow this applica- tion for suspension of sentence. 8. In that view of the matter, this criminal misc. second suspen- sion of sentence application is allowed and it is ordered that exe- cution of sentence awarded to the applicant-Arif S/o Shri Sadiq shall remain suspended during the pendency of the appeal and the appellant be admitted to bail subject to satisfaction of the trial [2025:RJ-JP:41738-DB] (3 of 3) [SOSA-1622/2025] court with the stipulation that he shall appear before this Court on 17.11.2025 and thereafter as and when called upon to do so. 9. Office is directed to send a copy of this order to the con- cerned trial court through email/fax for necessary compliance. (SAMEER JAIN),J (INDERJEET SINGH),J Deepak/ Pooja /1-comp.