[2025:RJ-JP:34281-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc Suspension Of Sentence Application No. 148/2025 in D. B. Criminal Appeal No.43/2025 Bantu Son Of Ramvir, Aged About 33 Years, Resident Of Village Sarkoriya Police Station Iglas District Aligarh (U.p) At Present In Central Jail Bharatpur ----Petitioner Versus The State Of Rajasthan, Through The Pp ----Respondent For Petitioner(s) : Mr. Harendra Singh, Advocate assisted by Mr. Jaswant Singh Rathor, Advocate. For Respondent(s) For Complainant : : Mr. Manvendra Singh Shekhawat, Deputy Government Advocate. Mr. Mohit Pareek, Advocate. HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE BHUWAN GOYAL Order 28/08/2025 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 and sentenced to undergo life imprisonment for the offence punishable under Section 302 of IPC. 3. Counsel for the accused-applicant has annexed the certificate under Rule 311 (3) of the Rajasthan High Court Rules to the effect that accused-applicant is in judicial custody. Counsel [2025:RJ-JP:34281-DB] (2 of 3) [SOSA-148/2025] further submits that the accused-applicant has been falsely implicated in this matter. Counsel further submits that the accused-applicant has not been named in the FIR and the FIR has been lodged after a delay of more than two months. Counsel further submits that the dead body has not been recovered at all. Counsel further submits that the DNA report has also been found to be negative. Counsel further submits that the accused-applicant has already served the sentence for a period of almost four years and 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 assisted by counsel for the complainant opposed the present application for suspension of sentence. 5. We have heard counsel for the parties and perused the record. 6. Considering the facts and circumstances of the present case, and also considering the facts that; the accused-applicant has not been named in the FIR and the FIR has been lodged after a delay of more than two months; the dead body has not been recovered; the DNA report has been found to be negative; the accused- applicant has already served the sentence for a period of almost four years; appeal is not likely to be heard in near future, 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 [2025:RJ-JP:34281-DB] (3 of 3) [SOSA-148/2025] 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 the accused-applicant shall appear before this Court on 09.10.2025 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 Tushar/23