[2026:RJ-JP:14693-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc. 2nd Suspension Of Sentence Application (Appeal) No. 96/2020 In D.B. Criminal Appeal No.139/2018 Mustak Khan S/o Shri Mustfa B/c Musalman, Aged About 34 Years, R/o 33, Rawal Ji Ka Bandha, Welcome Colony Police Station Sodala Jaipur Raj. (Accused In Central Jail Jaipur) ----Petitioner Versus State Of Rajasthan, Through P.p. ----Respondent For Petitioner(s) : None present 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 second suspension of sentence application has been filed by the appellant alongwith the appeal with a prayer to suspend the sentence awarded by the learned trial Court on the ground that he has served the sentence for more than 10 years and hearing of appeal may take long time. 2. None present on behalf of the appellant. 3. Reply to the suspension of sentence application has been filed on behalf of the learned Dy. Govt. Advocate. 4. Learned Dy. Govt. Advocate has opposed the application for suspension of sentence. He further submits that according to the [2026:RJ-JP:14693-DB] (2 of 3) [SOSA-96/2020] custody certificate, the appellant has served the sentence for more than eleven years and six months. 5. Heard learned Dy. Govt. Advocate and perused the record. 6. On perusal of the record it is revealed that the accused- applicant has been convicted for the offences under Section 302 IPC and life imprisonment has been awarded to the accused- applicant. He is in custody for more than 11 years. It is prayed in this application that the sentence awarded to the accused- applicant may be suspended and he be released on bail during the pendency of the appeal. 7. The 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, 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.” 8. 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 accused-applicant has served the sentence for more than 11 years and also the fact that 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-Mustak Khan S/o Shri Mustfa 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 [2026:RJ-JP:14693-DB] (3 of 3) [SOSA-96/2020] 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 as well as to the Superintendent Central Jail, Jaipur through email/fax for necessary compliance. The Superintendent Central Jail, Jaipur is directed to inform the appellant-Mustak Khan about passing of this order. (UMA SHANKER VYAS),J (INDERJEET SINGH),J JYOTI /1