[2026:RJ-JP:14703-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc. 4th Suspension Of Sentence Application No. 1983/2024 In D.B. Criminal Appeal No.474/2019 Vivek Pandey S/o Shri Mahadev Pandey, Aged About 24 Years, R/ o Plot No. 15, Vardhman Nagar-A, Shvam Nagar, Jaipur (Rajasthan) At Present In Central Jail, Jaipur. ----Petitioner Versus State Of Rajasthan, Through Public Prosecutor. ----Respondent For Petitioner(s) : Mr. Sudhir Jain For Respondent(s) : Mr. Manvendra Singh Shekhawat, Dy.G.A. HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE UMA SHANKER VYAS Order 08/04/2026 1. This fourth suspension of sentence application has been filed by the accused-applicant along with the appeal. 2. Learned counsel appearing on behalf of the accused- applicant submits that the accused-applicant has been convicted for the offences under Sections 302/34 & 397 of Indian Penal Code, 1908 and for the offences under Sections 3/25 & 5/27 of the Arms Act. 3. Learned counsel for the accused-applicant has annexed the certificate under Rule 311 (3) of the Rajasthan High Court Rules to the effect that the accused-applicant was not on bail during trial and presently, he is serving his sentence in Central Jail, Jaipur. He [2026:RJ-JP:14703-DB] (2 of 3) [SOSA-1983/2024] further submits that the accused-applicant has been falsely implicated in this matter and the accused-applicant has already served the sentence for a period of more than ten years. He further submits that the sentence of life imprisonment has been awarded to the accused-applicant for the offence under Section 302/34 of IPC. He further submits that the appeal is not likely to be heard in near future and prayed that sentence awarded to the accused-applicant may be suspended and he be released on bail during the pendency of the appeal. 4. Learned counsel for the accused-applicant relied upon the judgment of Hon’ble Supreme Court in the matter of ‘Saudan Singh versus The State of Uttar Pradesh’, (Criminal Appeal No.308/2022 (SLP (Crl.) No.4633/2021), decided on 25.02.2022, wherein it is 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.” 5. Learned Deputy Government Advocate has opposed the application for suspension of sentence. 6. We have heard learned counsel for the parties and perused the record. 7. Considering the facts and circumstances of the present case, and also considering the facts that the accused-applicant has already served the sentence for a period of more than ten years; hearing of appeal may take long time and also in view of judgment passed by Hon’ble Supreme Court in the matter of [2026:RJ-JP:14703-DB] (3 of 3) [SOSA-1983/2024] ‘Saudan Singh’ (supra), we deem it just and proper to allow this criminal miscellaneous suspension of sentence application. 8. 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-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 he shall appear before this Court on 18.05.2026 and thereafter as and when called upon to do so. 9. Office is directed to send a copy of this order to the concerned trial Court through e-mail/fax for necessary compliance. (UMA SHANKER VYAS),J (INDERJEET SINGH),J Upendra Pratap Singh /4