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2025 DAILYLAW 4302 (RAJ)

PAPPU LAL S/O SH. KEDAR v. STATE OF RAJASTHAN

SOSA/160/2025 · 2025-08-26

Bhuwan Goyal, Inderjeet Singh

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:33821-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 160/2025 In D.B. Criminal Appeal No.242/2024 Pappu Lal S/o Sh. Kedar, Aged About 24 Years, R/o Village Balariya Police Station And Tehsil Chauth Ka Barwada Distt. Sawaimadhopur (Raj) (At Present Confined In Sevar Jail Bharatpur) ----Applicant Versus State Of Rajasthan, Through Pp ----Respondent For Applicant(s) : Mr. Neeraj Joshi For Respondent(s) : Mr. Manvendra Singh Shekhawat, Dy. GA HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE BHUWAN GOYAL Order 26/08/2025 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 under Sections 341/34, 323/34, 325/34, 307/34 & 302/34 of IPC and accused-applicant has been sentenced to undergo life imprisonment for the offence under Section 302/34 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 submits that [2025:RJ-JP:33821-DB] (2 of 3) [SOSA-160/2025] the accused-applicant has falsely been involved in this case. Counsel further submits that accused-applicant was not on bail during trial. He also submits that sentence of co-accused persons namely Sitaram and Kaluram has already been suspended by this Court. It is a case of motor accident and according to statement of PW-20, the complainant party had obstructed the way of accused- applicant and in an attempt to save his life, the accused-applicant in a state of panic, drove the vehicle in a hurried manner, as a result of which, the accident occurred. He also submits that hearing of the appeal may take a long time. 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. 5. Learned Deputy Government Advocate opposed the present application for suspension of sentence. 6. We have heard counsel for the parties and perused the record. 7. Considering the facts and circumstances of the present case; the statement of PW-20-Investigation Officer and also considering that sentence of co-accused persons has already been suspended by this Court and the 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. 8. In that view of the matter, this criminal 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 the accused-applicant be admitted to bail subject to satisfaction of the [2025:RJ-JP:33821-DB] (3 of 3) [SOSA-160/2025] trial Court with the stipulation that the accused-applicant shall appear before this Court on 07.10.2025 and thereafter as and when called upon to do so. 9. 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 PAYAL DHAWAN /18