[2026:RJ-JP:14695-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc. 3rd Suspension Of Sentence Application (Appeal) No. 1134/2023 In D.B. Criminal Appeal No.205/2018 Chandmal @ Chandu Son Of Shri Bajiram, Aged About 28 Years, Resident Of Lachchipura, Tejaji Ka Badiya Nundri Mahendratan, Police Station Beawar Sadar, District Ajmer (Raj) (At Present Accused In Judicial Custody At Central Jail Ajmer) ----Petitioner Versus State Of Rajasthan, Through P.p ----Respondent For Petitioner(s) : Mr. Deepak Soni For Respondent(s) : Mr. Manvendra Singh Shekhawat, Dy. GA HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE UMA SHANKER VYAS Order 08/04/2026 1. This 3rd 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 sentence of life imprisonment has been awarded to the appellant under Section 376(2)(N) IPC and 5(L)/6 of the Protection of Children from Sexual Offences Act, 2012 and he is in custody. Counsel further submits that the appellant has been falsely implicated in this matter and he has served the sentence for more than ten years. Counsel further submits that hearing of the appeal may take long time, hence, the sentence awarded to the appellant may be suspended during the pendency of the appeal and he be released on bail. 3. Counsel for the accused-applicant relied upon the judgment of Hon’ble Supreme Court in the matter of ‘Saudan Singh versus The [2026:RJ-JP:14695-DB] (2 of 2) [SOSA-1134/2023] 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 and also submitted that despite information none appeared on behalf of the complainant/victim to oppose the application for suspension of sentence. 5. Heard counsel for the parties and perused the 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 applicant has served the sentence for more than ten 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-Chandmal @ Chandu Son Of Shri Bajiram 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 18.05.2026 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. (UMA SHANKER VYAS),J (INDERJEET SINGH),J JYOTI /3