HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Miscellaneous Suspension Of Sentence Application No. 266/2025 in D. B. Criminal Appeal No. 483/2024 1. Rajpal Son Of Narsiram, Aged About 40 Years, Resident Of Ranoli Police Station Ranoli District Sikar (Appellant Lodged In Central Jail Bikaner) 2. Narsiram Son Of Chandraram, Resident Of Ranoli Police Station Ranoli District Sikar (Appellant Lodged In Central Jail Bikaner) 3. Omprakash Son Of Narsiram, Resident Of Ranoli Police Station Ranoli District Sikar (Appellant Lodged In Central Jail Bikaner) 4. Smt. Jyoti Devi Wife Of Omprakash, Resident Of Ranoli Police Station Ranoli District Sikar (Appellant Lodged In Central Jail Jaipur) 5. 6. Smt. Manisha Devi Wife Of Rajpal, Resident Of Ranoli Police Station Ranoli District Sikar (Appellant Lodged In Central Jail Jaipur) Smt. Saroj Devi Wife Of Shri Noranglal Daughter Of Narsiram, Resident Of Pujari Ki Dhani, Tan Parasrampura Police Station Nawalgarh District Jhunjhunu (Appellant Lodged In Central Jail Jaipur) ----Petitioners Versus 1. State Of Rajasthan, Through Its Prosecutor ----Respondents (2 of 4) [SOSA-266/2025] For Petitioner(s) : Mr. V. R. Bajwa, Senior Counsel assisted by Mr. Aman Kumar, Advocate. For Respondent(s) For Complainant : : Mr. Vivek Sharma, Additional Government Advocate. Mr. Vijay Kumar Jangid, Advocate. HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order 11/03/2025 1. This suspension of sentence application has been filed by the accused-applicants along with the appeal. 2. Counsel appearing on behalf of the accused-applicants submit that the accused-applicants have been convicted and sentenced to undergo life imprisonment for the offence under Section 302 of IPC read with Section 149 thereof. 3. Counsel for the accused-applicants has annexed the certificate under Rule 311 (3) of the Rajasthan High Court Rules to the effect that accused-applicants are in judicial custody. Counsel further submits that the accused-applicants have falsely been implicated in this case. Counsel further submits that it is a case of free fight and a Cross-FIR was lodged from the side of the accused-applicants against the complainant. Counsel further submits that allegations leveled against the accused-applicants are general in nature and no specific allegations have been leveled by the eyewitnesses against the accused-applicants with regard to causing head injury on the person of the deceased. Counsel (3 of 4) [SOSA-266/2025] further submits that according to postmortem report only one head injury was there on the person of the deceased on account of which he died. Counsel further submits that from the side of accused-applicants, three persons sustained injuries including fractures. Counsel further submits that accused-applicants were on bail during trial and the appeal is not likely to be heard in near future. Therefore, he prayed that sentence awarded to the accused-applicants may be suspended and the accused-applicants be released on bail during the pendency of the appeal. 4. Learned Additional Advocate General assisted by learned counsel for the complainant has 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; that no specific allegations has been leveled by the eyewitnesses against any of the accused-applicants with regard to causing head injury on the person of the deceased; that all the accused-applicants were on bail during trial; that hearing/disposal of appeal is likely to take long time, we deem it just and proper to allow this criminal miscellaneous suspension of sentence application. 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 remain suspended during the pendency of the criminal appeal and (4 of 4) [SOSA-266/2025] 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 17.04.2025 and thereafter as and when called upon to do so. 8. Office is directed to send a copy of this order to the concerned trial Court through e-mail/fax for necessary compliance. (PRAMIL KUMAR MATHUR),J (INDERJEET SINGH),J Tushar/68