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[2026:RJ-JP:24567-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc. Suspension Of Sentence Application No. 1807/2025 URN: SOSA / 3497U / 2025 in D. B. Criminal Appeal No. 385/2025
1. Suresh Son Of Moharpal, Resident Of Village Bichpadi, Police Station, Niwai, District Tonk (Raj.) At Present Lodged In Central Jail, Ajmer
2. Parasram Son Of Ramswaroop, Resident Of Village Bichpadi, Police Station, Niwai, District Tonk (Raj.) At Present Lodged In Central Jail, Ajmer
3. Harpal Son Of Ramswaroop, Resident Of Village Bichpadi, Police Station, Niwai, District Tonk (Raj.) At Present Lodged In Central Jail, Ajmer
4. Bachchhu Son Of Magna, Resident Of Village Bichpadi, Police Station, Niwai, District Tonk (Raj.) At Present Lodged In Central Jail, Ajmer
5. Ramavtar Son Of Magna, Resident Of Village Bichpadi, Police Station, Niwai, District Tonk (Raj.) At Present Lodged In Central Jail, Ajmer
6. Moharpal Son Of Magna, Resident Of Village Bichpadi, Police Station, Niwai, District Tonk (Raj.) At Present Lodged In Central Jail, Ajmer ----Petitioners Versus State Of Rajasthan, Through The Public Prosecutor ----Respondent For Petitioner(s) : Mr. Ashvin Garg, Advocate. Mr. Vishnu Chanwariya, Advocate. For Respondent(s) For Complainant : : Mr. Jitendra Singh Rathore, Additional Government Advocate assisted by Ms. Neha Goyal, Advocate. Mr. Girraj Prasad, Advocate. [2026:RJ-JP:24567-DB] (2 of 3) [SOSA-1807/2025] HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE BHUWAN GOYAL Order 02/07/2026
1. This suspension of sentence application has been filed by the accused-applicants along with the appeal. 2. Counsel appearing on behalf of the accused-applicants submits that the accused-applicants have been convicted and sentenced to undergo life imprisonment for the offence punishable under Section 302 IPC read with Section 149 IPC. 3. Counsel for the accused-applicants has annexed the certificate under Rule 311 (3) of the Rajasthan High Court Rules to the effect that accused-applicants are in judicial custody. Counsel further submits that the accused-applicants have been falsely implicated in this matter. Counsel further submits that after investigation, the police submitted the negative final report qua the accused-applicants. However, they were later on impleaded as accused in the application filed on behalf of the complainant under Section 319 Cr.P.C. Counsel further submits that all the accused persons were on bail during trial and the appeal is not likely to be heard in near future.
Therefore, he prayed that sentence awarded to the accused-applicants may be suspended and they be released on bail during the pendency of the appeal. 4. Learned Additional Advocate General assisted by counsel for the complainant opposed the application for suspension of sentence. 5. We have heard counsel for the parties and perused the record. [2026:RJ-JP:24567-DB] (3 of 3) [SOSA-1807/2025]
6. Considering the facts and circumstances of the present case, and also considering the fact that all the accused-applicants were on bail during trial and also considering the fact that hearing/disposal of appeal may take long time, we deem it just and proper to allow this criminal miscellaneous suspension of sentence application. 7. 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-applicants shall remain suspended during the pendency of the criminal appeal and the accused-applicants be admitted to bail subject to satisfaction of the trial Court with the stipulation that they shall appear before this Court on 04.08.2026 and thereafter as and when called upon to do so. 8. 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 16/TUSHAR/741