Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:35852-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc Suspension Of Sentence Application No.230/2024 In D.B. Criminal Appeal No. 319/2023 Madanlal S/o Ratanlal, Aged About 60 Years, Resident Of Anantpura, Police Station, Kawai, District Baran (Raj.) (At Present Confined In District Jail, Baran (Raj.) ----Applicant Versus
1. State Of Rajasthan, Through P.p.
2. Bhuvnesh Gurjar S/o Jagmohan, Aged About 21 Years, Resident Of Anantpura, P.s. Kawai, District Baran (Raj.) ----Respondents For Applicant(s) : Mr. Ankit Agrawal with Mr. Manender Singh Solanki For Respondent(s) : Mr. Manvendra Singh Shekhawat, Deputy G.A. with Ms. Neha Goyal Mr. Om Prakash Kharra for complainant HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE BHUWAN GOYAL
Order 08/09/2025
1. Heard on suspension of sentence application.
2.
Learned counsel for the applicant submits that the accused- applicant has been falsely implicated in this matter. Counsel further submits that the independent eye-witness – PW20 in his Court statement specifically stated that the accused-applicant was not present at the time of the incident as well as he has not caused any injury to the deceased. Counsel further submits that the accused-applicant is in custody for more than seven years.
[2025:RJ-JP:35852-DB] (2 of 2) [SOSA-230/2024] Counsel further submits that the 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. Learned Deputy Government Advocate has opposed the suspension of sentence application. Therefore, he prayed for dismissal of the suspension of sentence application.
4. We have heard counsel for the parties and perused the material available on record.
5. Considering the facts and circumstances of the present case and also considering the statement of the independent eye- witness – PW20, we deem it just and proper to allow this criminal miscellaneous suspension of sentence application.
6. 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 16.10.2025 and thereafter as and when called upon to do so.
7. 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 Sudeepak/23