[2025:RJ-JP:49094-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc. Stay Application No. 554/2024 in D.B. Criminal Appeal (Db) No. 119/2023 Kaluram @ Kadu Son Of Gangaram, Aged About 41 Years, Resident Of Tond, Earlier Posted As Secretary Gram Panchayat Sankada, Panchayat Samiti Bonli, District Sawai Madhopur (Rajasthan) (Presently Confined In Central Jail, Sevar, District Bharatpur ) ----Applicant Versus State Of Rajasthan, Through P.P ----Respondent For Applicant : Mr. Rahul Sharma Mr. Uttkarsh Goyal For Respondent(s) : Mr. Sudesh Kumar Saini, PP Ms. Anisha Yadav Mr. Dharmendra Kumar HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL HON'BLE MR. JUSTICE BHUWAN GOYAL Order 03/12/2025 1. The criminal misc. stay application has been filed by the applicant under Section 482 Cr.P.C. for stay of the conviction recorded by the learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Sawai Madhopur vide judgment dated 04.05.2003 in Sessions Case No. 51/2018 (04/2018) whereby, the accused-applicant was convicted and sentenced for the offence under Sections 302 and 201 IPC. 2. Learned counsel for the applicant submits that it is a case based on circumstantial evidence wherein, the witnesses of ‘last [2025:RJ-JP:49094-DB] (2 of 3) [CRLAD-119/2023] seen’ i.e. S/Shri Shokeen Meena (PW-1) and Pappu Meena (PW-2) have turned hostile and the deposition of the remaining prosecution witnesses such as S/Shri Ram Lal (PW-3), Mahendra Meena (PW-4), Ramdhan Meena (PW-5), Deshraj (PW-6), Sanwalram (PW-8) and Smt. Kamli (PW-7) is based on hearsay evidence as also held by learned trial Court itself vide its judgment impugned dated 04.05.2023. He further contends that the prosecution has neither been able to establish any motive, nor any weapon of offence has been recovered at his instance. Learned counsel submits that the applicant’s suspension of sentence application has already been allowed by a Co-ordinate Bench of this Court vide order dated 01.06.2023. Inviting attention of this Court towards the order dated 10.06.2023 (Annexure-MA/1) passed by the Development Officer, Panchayat Samiti, Mlarana Dungar, he submits that on account of his conviction under Section 302 IPC vide judgment impugned, he-a Village Development Officer, has been suspended from service. He submits that, since, his conviction vide judgment impugned dated 04.05.2023 is adversely affecting his service career, it may be stayed during pendency of the appeal. 3. Per contra, learned Public Prosecutor, assisted by learned counsel for the complainant, opposed the prayer. 4. Heard. Considered. 5. Taking into consideration the contentions advanced by learned counsel for the respective parties, the deposition of the prosecution witnesses, the judgment impugned dated 04.05.2023, the order dated 10.06.2023 (Annexure-MA/1) and other material on record, we deem it just and proper to stay the conviction of the [2025:RJ-JP:49094-DB] (3 of 3) [CRLAD-119/2023] applicant recorded by learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Sawai Madhopur in Sessions Case No. 51/2018 (04/2018) till pendency of the appeal. 6. The stay application is disposed of accordingly. (BHUWAN GOYAL),J (MAHENDAR KUMAR GOYAL),J Ritu/11