[2026:RJ-JP:6845-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc. 3rd Suspension Of Sentence Application (Appeal) No. 680/2025 In D.B. Criminal Appeal No.125/2019 Heeradas @ Heeralal Avasthi S/o Shri Shivalal Avasthi, Aged About 54 Years, R/o Mahokhar Ps Jamalpura (Up) At Present Chitrakoot Dham Chaitanya Goshala Kariri Ps Amarsar Dist. Jaipur Rural Raj. At Present Confined In Central Jail Bikaner ----Petitioner Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Petitioner(s) : Mr. Himmat Singh Bikarwar For Respondent(s) : Mr. Shriram Dhakad, Dy. GA with Mr. Vinod Sharma Mr. Gaurav Gupta HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE SAMEER JAIN Order 12/02/2026 1. This third suspension of sentence application has been filed by the appellant alongwith the appeal. 2. Counsel for the appellant has annexed the certificate under Rule 311 (3) of the Rajasthan High Court Rules to the effect that the appellant was falsely implicated in this matter and during trial, the appellant was not on bail and the sentence of life imprisonment has been awarded to the appellant under Section 302 IPC in Alternate 302/34 IPC. Counsel further submits that the appellant has served the sentence for more than fourteen years and hearing of the appeal may take long time hence, the sentence awarded to the appellant may be suspended during the pendency of the appeal. 3. Counsel for the accused-applicant relied upon the judgment of Hon’ble Supreme Court in the matter of ‘Saudan Singh versus [2026:RJ-JP:6845-DB] (2 of 2) [SOSA-680/2025] 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.” 4. Learned Dy. Govt. Advocate has opposed the application for suspension of sentence. 5. We have heard counsel for the parties and perused the material available on record. 6. Considering the facts and circumstances of the case and considering the judgment passed by the Hon’ble Supreme Court in the matter of Saudan Singh (supra) and also considering the fact that the appellant has served the sentence for last about 14 years and hearing of appeal may take long time, this application for suspension of sentence is allowed and it is ordered that execution of sentence awarded to the appellant-Heeradas @ Heeralal Avasthi S/o Shri Shivalal Avasthi shall remain suspended during the pendency of the appeal and the appellant be admitted to bail subject to satisfaction of the trial court with the stipulation that he shall appear before this Court on 12.03.2026 and thereafter as and when called upon to do so. 7. Office is directed to send a copy of this order to the concerned trial court through email/fax for necessary compliance. (SAMEER JAIN),J (INDERJEET SINGH),J JYOTI /6