[2025:RJ-JP:21339-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc Suspension Of Sentence Application No. 474/2025 in DB Criminal Appeal No. 105/2025 1. Ramkesh Son Of Raghuveer Singh, Resident Of Badi Ki Dhani, Amawara Police Station Bamanwas District Sawai Madhopur (Presently Confined In Central Jail, Sevar District Bharatpur) 2. Rakesh Son Of Roopnarayan, Resident Of Badi Ki Dhani, Amawara Police Station Bamanwas District Sawai Madhopur (Presently Confined In Central Jail, Sevar District Bharatpur) ----Petitioners Versus The State Of Rajasthan, Through P.p ----Respondent For Petitioner(s) : Mr. Rajneesh Gupta, Adv. Ms. Chanchal, Adv. For Respondent(s) : Mr. Sudesh Kumar Saini, Addl.G.A with Mr. Vibhor Arora, Adv. HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA HON'BLE MR. JUSTICE BHUWAN GOYAL Order 21/05/2025 1. Heard on application for suspension of sentence. 2. Learned counsel for the accused-applicants submits that accused-applicants have been falsely implicated in this matter. Learned counsel for the applicants further submits that accused- applicants were on bail during trial. In support of his contentions, he has filed certificate under Rule 311(3) of the Rajasthan High [2025:RJ-JP:21339-DB] (2 of 3) [SOSA-474/2025] Court Rules. He further submits that as per FIR, no specific overt act has been assigned to the applicants. Deceased-Kamal Singh died due to head injury which is attributed to accused- Bacchan Singh. He further submits that Lathis were recovered from the possession of the applicants. Deceased died due to sharp edged weapon injury. Applicants are in judicial custody for more than 3 months. Hearing of the appeal may take long time. So, the sentence awarded to the accused-applicants be suspended during the pendency of the appeal. 3. Learned Additional Government Advocate has opposed the application for suspension of sentence and submitted that applicants and other co-accused entered into the house of the deceased with lethal weapons and attributed injuries to deceased- Kamal Singh, who died on account of said injuries. So, application for suspension of sentence filed by the applicants be dismissed. 4. We have considered the contentions. 5. No specific overt act has been assigned to the applicant - Rakesh in the FIR as well as in the statement of witnesses. Taking into consideration the facts and circumstances of the case and without going into the merits of the case, we deem it fit to allow the application for suspension of sentence filed by accused- applicant- Rakesh. 6. It is ordered that execution of sentence awarded to the accused-applicant- Rakesh by the trial court vide judgment dated 18.02.2025 in Sessions case No.26/2024 (33/2015) shall remain suspended during the pendency of the appeal and he be admitted to bail subject to satisfaction of the trial Court with the stipulation [2025:RJ-JP:21339-DB] (3 of 3) [SOSA-474/2025] that he shall appear before this Court on 02.07.2025 and thereafter as and when called upon to do so. 7. So far as the allegation levelled against the accused- applicant-Ramkesh is concerned, as per the statement of PW1- Kajodi, Ramkesh inflicted injuries to deceased- Kamal Singh by Gandasi. So, we are not inclined to allow the application for suspension of sentence filed by the accused-applicant- Ramkesh. 8. Accordingly, suspension of sentence application filed by the accused-applicant- Ramkesh stands dismissed. 9. Office is directed to send a copy of this order to the concerned trial Court immediately through e-mail/fax for necessary compliance. (BHUWAN GOYAL),J (NARENDRA SINGH DHADDHA),J Ritu/Avinash/44