[2025:RJ-JP:39494-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc 4th Suspension Of Sentence Application No. 961/2024 IN D.B. Criminal Appeal No.695/2017 Monu @ Jahid Hussain S/o Shri Jakir Hussain S/o Shri Jakir Hussain, Aged About 33 Years, R/o Near Neelgaron Ki Masjid Kanwas, District Kota (At Present Confined In Central Jail, Kota) ----Petitioner Versus 1. State Of Rajasthan, Through Pp 2. Victim ----Respondents For Petitioner(s) : Mr. Shivendra Rathore. For Respondent(s) : Mr. Sudesh Kumar Saini, Additional Government Advocate. HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE SAMEER JAIN Order 24/09/2025 1. This 4th suspension of sentence application has been filed by the applicant along with the appeal. 2. Counsel for the applicant has annexed the certificate under Rule 311 (3) of the Rajasthan High Court Rules to the effect that during the trial, the applicant was on bail and the sentence of life imprisonment has been awarded to the applicant under Section 376 (2) (G) of IPC and Section 3(2) (v) of SC/ST Act and he is in judicial custody at Central Jail, Kota. He further submits that the applicant has been falsely implicated in this matter and he has [2025:RJ-JP:39494-DB] (2 of 3) [SOSA-961/2024] served the sentence for more than 10 years. He further submits that the sentence of similarly situated co-accused (Sonu @ Riyasat Ali) has already been suspended by this Court. He further submits that hearing of appeal may take long time and prayed that sentence awarded to the applicant may be suspended and he be released on bail during the pendency of the appeal. 3. Counsel for the applicant has relied upon the judgment passed by the 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, where in relevant para it has been held as under:- “The second category of cases can be one where the person has served out more than 10 years of sentence. In these cases also at one go bail can be granted unless there are any extenuating circumstances against him.” 4. It is informed by learned Additional Government Advocate that the complainant/victim has been duly informed about filing of the criminal appeal as well as present application for suspension of sentence. Despite intimation, no one has put in appearance on behalf of the complainant/victim. Report in this regard has also been submitted and the same is taken on record and learned Additional Government Advocate has opposed the suspension of sentence application. 5. We have heard counsel for the parties and perused the material available on record. 6. Considering the facts and circumstances of the present case and also considering the fact that the applicant has served the sentence for more than 10 years as well as the fact that sentence [2025:RJ-JP:39494-DB] (3 of 3) [SOSA-961/2024] of similarly situated co-accused (Sonu @ Riyasat Ali) has already been suspended by this Court and the hearing of appeal may take long time, 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 execution of sentence awarded to the applicant shall remain suspended during the pendency of the criminal appeal and the applicant be admitted to bail subject to satisfaction of the trial Court with the stipulation that he shall appear before this Court on 31.10.2025 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. (SAMEER JAIN),J (INDERJEET SINGH),J MG/1