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2025 DAILYLAW 7239 (RAJ)

PALTU KHAN SON OF SHRI MEER KHAN v. STATE OF RAJASTHAN

SOSA/354/2025 · 2025-04-02

Inderjeet Singh, Mukesh Rajpurohit

Criminal Appealbody2025

Judgment text

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[2025:RJ-JP:14802-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 2357/2024 In D.B. Criminal Appeal No.468/2024 Nuru Alias Noormohammed Son Of Sampat, Aged About 65 Years, Ro Kutiyapur Police Station Kishangarhbas District Alwar At Present In Central Jail Alwar ----Petitioner Versus State Of Rajasthan, Through The Pp ----Respondent Connected With D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 176/2025 In D.B. Criminal Appeal No.50/2025 Aseen Son Of Sumer, Aged About 46 Years, Resident Of Kutiyapur Police Station Kishangarh Bas, District Alwar (Rajasthan) (At Present In Central Jail, Alwar) ----Petitioner Versus State Of Rajasthan, Through P.p ----Respondent D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 354/2025 In D.B. Criminal Appeal No.48/2025 Paltu Khan Son Of Shri Meer Khan, Aged About 75 Years, Resident Of Kutiyapur Police Station Kishangarh Bas District Alwar Rajasthan (Presently Confined At District Jail At Alwar) ----Petitioner Versus State Of Rajasthan, Through P.p ----Respondent [2025:RJ-JP:14802-DB] (2 of 3) [SOSA-2357/2024] For Petitioner(s) : Mr. Harendra Singh Mr. Surendra Singh Sunda Mr. Rahul Tiwari For Respondent(s) : Mr. Vivek Sharma, Adl. G.A Mr. Aman Kumar, AAAG Ms. Neha Goyal Mr. Pradeep Kumar Sharma, for Complainant HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE MUKESH RAJPUROHIT Judgment 02/04/2025 1. These suspension of sentence applications have been filed by the applicants along with these appeals. 2. Counsel for the applicants have annexed the certificate under Rule 311 (3) of the Rajasthan High Court Rules to the effect that during the trial, the applicants were on bail and the sentence of life imprisonment has been awarded to the applicants under Section 302/149 of IPC and they are in judicial custody. Counsel further submits that the applicants have been falsely implicated in this matter. Counsel further submits that the applicants are senior citizen, aged about between 60 to 70 years and hearing of appeals may take long time and prayed that sentence awarded to the applicants may be suspended and they be released on bail during the pendency of these appeals. 3. Learned Additional Government Advocate has opposed the applications for suspension of sentence. 4. We have heard counsels for the parties and perused the record. [2025:RJ-JP:14802-DB] (3 of 3) [SOSA-2357/2024] 5. Considering the facts and circumstances of the present case and the fact that the applicants are senior citizen and they were on bail during trial and the hearing of appeals may take long time, we deem it just and proper to allow these criminal miscellaneous suspension of sentence applications. 6. In that view of the matter, these criminal miscellaneous suspension of sentence applications are allowed and it is ordered that execution of sentence awarded to the applicants shall remain suspended during the pendency of the criminal appeals and the applicants be admitted to bail subject to satisfaction of the trial Court with the stipulation that they shall appear before this Court on 19.05.2025 and thereafter as and when called upon to do so. Copy of this order be separately placed in each connected file. 7. Office is directed to send a copy of this order to the concerned trial Court through e-mail/fax for necessary compliance. (MUKESH RAJPUROHIT),J (INDERJEET SINGH),J DIKSHA MISHRA /50, 52 & 53