[2025:RJ-JP:42279-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc 2nd Suspension Of Sentence Application No. 502/2025 IN D.B. Criminal Appeal No.281/2023 Ganeshdutt Son Of Durgashankar, Aged About 45 Years, Resident Of Ward No.4, Nainwa, Police Station Nainwa, District Bundi (Rajasthan) (At Present Accused / Appellant Is Confined In The District Jail Bundi) ----Petitioner Versus 1. State Of Rajasthan, Through The P.p 2. Ganesh Son Of Laxmanlal Bairagim, Resident Of Ward No. 4, Nainwa Bazaar Nainwa Dist Bundi ----Respondents For Petitioner(s) : Mr. Sudarshan Kumar Laddha. For Respondent(s) : Mr. Rajesh Choudhary, GA-cum-AAG assisted by Mr. Aman Kumar. HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 15/10/2025 1. This 2nd 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 the sentence of life imprisonment has been awarded to the applicant under Section 302 of IPC and he is in judicial custody at District Jail, Bundi. He further submits that the applicant has been falsely implicated in this matter. He further submits that the hearing of appeal may take long time and prayed that sentence [2025:RJ-JP:42279-DB] (2 of 3) [SOSA-502/2025] awarded to the applicant may be suspended and he be released on bail during the pendency of the appeal. 3. Learned GA-cum-AAG has opposed the suspension of sentence application and submits that earlier 1st suspension of sentence application was dismissed on merits by this Court vide order dated 08.02.2024 and after dismissal of the said application, there is no change in the circumstances of the present case except the period of custody. 4. Heard counsel for the parties and perused the material available on record. 5. The applicant’s 1st suspension of sentence application was dismissed by this Court on 08.02.2024, which reads as under:- “This suspension of sentence application has been filed by the appellant alongwith the appeal. Counsel for the appellant has annexed the certificate under Rule 311 (3) of the Rajasthan High Court Rules to the effect that the sentence of life imprisonment has been awarded to the appellant under Section 302 of the Indian Penal Code and he is in custody since 22.06.2019. Counsel further submits that the hearing of the appeal may take long time, hence, the sentence awarded to the appellant may be suspended during the pendency of the appeal and he be released on bail. Learned Deputy Government Advocate has opposed the suspension of sentence application and submitted that the appellant has caused knife injury on the person of the deceased. The blood-stained knife has been recovered from the possession of the appellant. Counsel further submits that in the statement of Dr. Sachin Meena (PW-18), recorded during the trial, he has specifically stated that the deceased died due to knife injury sustained by him on his neck. Heard counsel for the parties and perused the record. [2025:RJ-JP:42279-DB] (3 of 3) [SOSA-502/2025] Considering the facts and circumstances of the present case and the fact that the appellant gave repeated knife blows on the neck of the deceased on account of which he died and also, considering the statement of Dr. Sachin Meena (PW-18) as well as the statement of eye-witness i.e., Kanhaiya Lal (PW-2), who has specifically stated that the appellant has caused knife injury on the person of the deceased, therefore, in our considered view, no case is made out for suspending the sentence of the appellant. Hence, the application for suspension of sentence stands dismissed.” 6. Considering the submissions put-forth by counsel for the parties and taking into account the facts and circumstances of the present case, we find that except the period of custody there is no change in the circumstances after dismissal of earlier suspension of sentence application, therefore, without expressing any opinion on merits of the case, no case is made out to suspend the sentence of the applicant as prayed for. 7. Hence, the present 2nd suspension of sentence application stands dismissed. (ASHUTOSH KUMAR),J (INDERJEET SINGH),J MG/14