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2025 DAILYLAW 5831 (RAJ)

DHARA SINGH S/O VIKRAM SINGH v. STATE OF RAJASTHAN

SOSA/297/2025 · 2025-03-03

Inderjeet Singh, Pramil Kumar Mathur

Criminal Appealbody2025

Judgment text

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[2025:RJ-JP:9183-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc Suspension Of Sentence Application No. 297/2025 In D.B. Criminal Appeal No.393/2023 1. Dhara Singh S/o Vikram Singh, Aged About 30 Years, Resident Of Kharairi Police Station Bayana District Bharat- pur (At Present In Central Jail, Bharatpur) 2. Ramraj S/o Vikram Singh, Resident Of Kharairi Police Sta- tion Bayana District Bharatpur (At Present In Central Jail Bharatpur0 ----Petitioners Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Petitioner(s) : Mr. Satish Kumar Khandal For Respondent(s) : Mr. Rajesh Choudhary, GA-cum-AAG with Mr. Gaurav Gupta, AAAG Mr. Aman Kumar, AAAG HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order 03/03/2025 1. This suspension of sentence application has been filed by the present accused-applicants along with the appeal. 2. Counsel appearing on behalf of the accused-applicants sub- mits that the accused-applicants have been sentenced to undergo life imprisonment for the offence under Section 302/149 of IPC. 3. Counsel for the accused-applicants have annexed the certifi- cate under Rule 311 (3) of the Rajasthan High Court Rules to the [2025:RJ-JP:9183-DB] (2 of 3) [SOSA-297/2025] effect that accused-applicants are in judicial custody since the date of arrest. Counsel further submits that the accused-appli- cants have been falsely implicated in this matter. Counsel further submits that the accused-applicants has served the sentence for a period of more than seven years. Counsel further submits that the accused-applicants have been convicted with the aid of Section 149 of IPC and the sentence of similarly situated co-accused person namely Ramveer has already been suspended by this Court. Counsel further submits that hearing/disposal of appeal is likely to take long time. Therefore, he prayed that sentence awarded to the accused-applicants may be suspended and the ac- cused-applicants be released on bail during the pendency of the appeal. 4. Learned Government Advocate-cum-Additional Government Advocate opposed the present application for suspension of sentence. 5. We have heard counsel for the parties and perused the record. 6. Keeping in view the facts and circumstances of the present case and also considering the fact that the sentence of similarly situated co-accused person namely Ramveer has already been suspended by this Court and also considering the fact that hearing/disposal of appeal is likely to take long time, we deem it just and proper to suspend the sentence of the present accused- applicants during the pendency of the appeal. 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 accused-applicants shall [2025:RJ-JP:9183-DB] (3 of 3) [SOSA-297/2025] remain suspended during the pendency of the criminal appeal and the accused-applicants be admitted to bail subject to satisfaction of the trial Court with the stipulation that the accused-applicants shall appear before this Court on 07.04.2025 and thereafter as and when called upon to do so. 8. Office is directed to send a copy of this order to the con- cerned trial Court through e-mail/fax for necessary compliance. (PRAMIL KUMAR MATHUR),J (INDERJEET SINGH),J Upendra Pratap Singh /22