[2025:RJ-JP:22319-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc Suspension Of Sentence Application No. 353/2025 In D.B. Criminal Appeal No.5/2024 Vikas Kumar Mahla Son Of Shri Shishpal Singh, Aged About 25 Years, Resident Of Dudana Ka Bas Tan Dumra, Police Station Mukundgarh, Dsitrict Jhunjhunu (Raj) (At Present Central Jail Bikaner ----Petitioner Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Petitioner(s) : Mr. Rinesh Gupta Mr. Sarwat Alam For Respondent(s) : Mr. Sudesh Kumar Saini, Addl. Govt. Advocate Mr. Vibhor Arora Mr. Shovit Jhajharia, for the complainant HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 27/05/2025 1. This second application for suspension of sentence has been filed by the accused-applicant along with the appeal. 2. Counsel for the accused-applicant has annexed the certificate under Rule 311 (3) of the Rajasthan High Court Rules to the effect that the accused-applicant is in Central Jail, Bikaner and sentence of life imprisonment has been awarded to the accused-applicant for the offence under Section 304-B of I.P.C. He further submits that the accused-applicant has been falsely implicated in this matter and when none present on behalf of the accused-applicant, [2025:RJ-JP:22319-DB] (2 of 3) [SOSA-353/2025] the first suspension of sentence application was dismissed by this Court vide order dated 13.05.2024. He further submits that at the time of dismissing the first suspension of sentence application by this Court Ex.P-30 statement of deceased recorded before the SDM, Nawalgarh dated 03.03.2022 as well as document Ex.D-1 (complaint) submitted by the mother of the deceased before the SHO, Police Station Nawalgarh were not considered by this Court, and in both these documents, there is no allegation of demand of dowry soon before the death of deceased. He further submits that as per the statement of PW-12 (Doctor), no serious injuries were found on the body of the deceased. He further submits that 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. 3. Learned Additional Government Advocate assisted by learned counsel for the complainant has opposed the application for suspension of sentence. 4. Heard learned counsel for the parties and perused the record. 5. Considering the submissions put-forth by the learned counsel for the parties and taking into account the facts and circumstances of the present case and also considering the statement of deceased Ex.P-30 as well as Ex.D-1 and also the statement of PW- 12 (Doctor), this application for suspension of sentence is allowed and it is ordered that execution of sentence awarded to the accused-applicant - Vikas Kumar Mahla Son Of Shri Shishpal Singh shall remain suspended during the pendency of the appeal [2025:RJ-JP:22319-DB] (3 of 3) [SOSA-353/2025] and the accused-applicant be admitted to bail subject to satisfaction of the trial court with the stipulation that he shall appear before this Court on 14.07.2025 and thereafter as and when called upon to do so. 6. Office is directed to send a copy of this order to the concerned trial court through email/fax for necessary compliance. (ASHUTOSH KUMAR),J (INDERJEET SINGH),J Upendra Pratap Singh /7