Extracted from the PDF above. The PDF is authoritative.
[2026:RJ-JP:20176-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc. IInd Suspension Of Sentence Application No. 1912/2025 In D.B. Criminal Appeal No.239/2018 Praveen S/o Mahendra Singh, aged about 28 years, R/o Mandruppura Ps Malsisar, District Jhunjhunu(Raj.) (Presently at Central Jail, Bikaner) ----Applicant Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Kailash Choudhary For Respondent(s) : Mr. Rishi Raj Singh Rathore, Dy.GA HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE BHUWAN GOYAL
Order 13/05/2026
1. This second suspension of sentence application has been filed by the accused-applicant along with the appeal.
2. Counsel appearing on behalf of the accused-applicant submits that the accused-applicant has been convicted and sentenced to undergo life imprisonment for the offence under Section 302/34 IPC.
3. Counsel for the accused-applicant has annexed the certificate under Rule 311 (3) of the Rajasthan High Court Rules to the effect that accused-applicant is in judicial custody and was not on bail during trial. Counsel submits that the accused-applicant has falsely been involved in this case. The accused-applicant served
[2026:RJ-JP:20176-DB] (2 of 3) [SOSA-1912/2025] the sentence for more than eleven years. Counsel further submits that the sentence of similarly situated co-accused person has already been suspended by this Court dated 31.07.2025. Counsel also submits that hearing of the appeal may take a long time. Therefore, he prayed that sentence awarded to the accused- applicant may be suspended and the accused-applicant be released on bail during the pendency of the appeal.
4.
Learned counsel for the accused-applicant relied upon the
judgment passed by 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, wherein, it has been 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 present application for suspension of sentence.
6. We have heard counsel for the parties and perused the record.
7. Considering the facts and circumstances of the present case; period of custody of accused-applicant and sentence of similarly situated co-accused person has already been suspended and hearing/disposal of appeal is likely to take long time, we deem it just and proper to suspend the sentence of the present accused- applicant during the pendency of the appeal.
[2026:RJ-JP:20176-DB] (3 of 3) [SOSA-1912/2025]
8. In that view of the matter, this second criminal 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 the accused-applicant shall appear before this Court on 09.07.2026 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.
(BHUWAN GOYAL),J (INDERJEET SINGH),J Anu/20