[2025:RJ-JP:11204-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc 3rd Suspension Of Sentence Application No. 338/2025 In D.B. Criminal Appeal No.93/2018 Rajesh Kasana Son Of Shri Birbal, Resident Of Gurjaro Ki Dhani, Nan Manda Police Station Pragpura District Jaipur (Rajasthan) (Presently Confined In Central Jail Jaipur) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Rajneesh Gupta with Mr. Rahul Sharma For Respondent(s) : Mr. Vivek Sharma, Addl. GA with Mr. Gaurav Gupta, AAAG HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order 11/03/2025 1. This third 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 falsely been involved in this matter. Counsel further submits that the accused-applicant has been convicted for offence under Sections 302 of IPC and Section 3/25 of Arms Act and sentenced to undergo life imprisonment for the offence under Section 302 of IPC. Counsel further submits that the accused-applicant has served the sentence for more than 10 years and hearing of appeal may take long time. 3. Counsel for the applicant has relied upon the judgment passed by the Hon’ble Supreme Court in the matter of ‘Saudan Singh versus [2025:RJ-JP:11204-DB] (2 of 2) [SOSA-338/2025] The State of Uttar Pradesh’, (Criminal Appeal No.308/2022 (SLP (Crl.) No.4633/2021), decided on 25.02.2022, where in relevant para it has been held as under:- “The second category of cases can be one where the person has served out more than 10 years of sentence. In these cases also at one go bail can be granted unless there are any extenuating circumstances against him.” 4. Learned Additional Government Advocate has opposed the suspension of sentence application. 5. We have heard counsel for the parties and perused the record. 6. Considering the facts and circumstances of the present case and also considering the fact that the applicant has served the sentence for a period of more than ten years as well as the judgments passed by the Hon’ble Supreme Court in the matter of Saudan Singh (supra), we deem it just and proper to allow this criminal miscellaneous third suspension of sentence application. 7. In that view of the matter, this criminal miscellaneous third suspension of sentence application is allowed and it is ordered that execution of sentence awarded to the applicant shall remain suspended during the pendency of the criminal appeal and the applicant be admitted to bail subject to satisfaction of the trial Court with the stipulation that he 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 Sunita/69