[2025:RJ-JP:30680-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc Suspension Of Sentence Application No. 153/2025 In D.B. Criminal Appeal No.45/2025 Laxman Singh S/o Bal Singh, Resident Of Parasali Police Station Raipur District Jhalawar (Raj) (Presently Confined At Central Jail Kota) ----Petitioner Versus 1. State Of Rajasthan, Through P.p 2. Rakesh Meghwal S/o Laxminarayan, Resident Of New Colony, Raipur Pirawa Police Station Raipur District Jhalawar (Raj) ----Respondents For Petitioner(s) : Mr. Kalu Singh Sisodiya, through VC For Respondent(s) : Mr. Manvendra Singh Shekhawat, Dy.G.A. with Mr. Aman Kumar Ms. Neha Goyal HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE BHUWAN GOYAL Order 08/08/2025 1. This suspension of sentence application has been filed by the accused-applicant along with the appeal. 2. Learned counsel appearing on behalf of the accused- applicant submits that the accused-applicant has been convicted and sentenced to undergo life imprisonment for the offence under Section 3-2 (v) SC/ST Act, 1989 read with Section 326 of IPC. 3. Learned counsel for the accused-applicant has annexed the certificate under Rule 311 (3) of the Rajasthan High Court Rules to [2025:RJ-JP:30680-DB] (2 of 3) [SOSA-153/2025] the effect that during trial, the accused-applicant was on bail and presently, he is in judicial custody at Central Jail, Kota. He further submits that the accused-applicant has been falsely implicated in this matter and the injured PW-2 in his statement stated that he has only one fracture in his hand. He further submits that prima facie, there is no evidence on record to establish the case against the accused-applicant for the offence under Section Section 3-2 (v) SC/ST Act, 1989. He further submits that the appeal is not likely to be heard in near future. Therefore, he prayed 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 Deputy Government Advocate opposed the present application for suspension of sentence. However, no one has appeared on behalf of the complainant to oppose this application for suspension of sentence, despite service of notice upon the complainant. 5. We have heard counsel for the parties and perused the record. 6. Keeping in view the facts and circumstances of the case and also considering the fact that the accused-applicant was on bail during trial; disposal of appeal is likely to take time; without expressing any opinion on merits of the case, we deem it just and proper to allow the application for suspension of sentence. 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:30680-DB] (3 of 3) [SOSA-153/2025] the accused-applicant be admitted to bail subject to satisfaction of the trial Court with the stipulation that the accused-applicants shall appear before this Court on 01.09.2025 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 Upendra Pratap Singh /25