Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 304/2025 In D.B. Criminal Appeal No.70/2025 Banwari Lal Son Of Gordhan, Aged About 54 Years, Resident Of Chandera, Police Station Mahandipur Balaji, District Dausa, Rajasthan (Presently Confined At Central Jail Bandikui (Dausa) (Rajasthan). ----Petitioner Versus State Of Rajasthan, Through Public Prosecutor. ----Respondent For Petitioner(s) : Mr. Kapil Sharma For Respondent(s) For Complainant : : Mr. Vivek Sharma, Additional GA with Mr. Aman Kumar, AAAG Mr. M.K. Kaushik HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR
Order 10/03/2025
1. This suspension of sentence application has been filed by the accused-applicant along with the appeal.
2.
Learned counsel for the applicant submits that the accused- applicant has been falsely involved in this matter. Counsel further submits that it is a case of free fight and from both the sides FIR’s have been lodged in police station against each other. Counsel further submits that the applicant was on bail during trial and land dispute between the parties is pending before the Revenue Court. Counsel further submits that the sentence of co-accused persons
(2 of 2) [SOSA-304/2025] has already been suspended by this Court and hearing of appeal may take long time.
3. Learned Additional Government Advocate and counsel for the complainant have opposed the present application for suspension of sentence.
4. Keeping in view the facts and circumstances and also considering the fact that the sentence of co-accused persons has already been suspended and also considering the fact it is a case of free fight and accused-applicant have been convicted for offence under Section 302 read with Section 149 IPC, we deem it just and proper to allow the suspension of sentence application.
5. In that view of the matter, this criminal misc. suspension of sentence application is allowed and it is ordered that execution of sentence awarded to the accused-applicant shall remain suspended during the pendency of the criminal appeal and the accused-applicant be admitted to bail subject to satisfaction of the trial Court with the stipulation that the accused-applicant shall appear before this Court on 16.04.2025 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 e-mail/fax for necessary compliance.
(PRAMIL KUMAR MATHUR),J (INDERJEET SINGH),J Arun/21