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2026 DAILYLAW 9754 (RAJ)

MOHAN S/O SANWALIYA v. STATE OF RAJASTHAN

SOSA/2401/2025 · 2026-07-07

Bhuwan Goyal, Inderjeet Singh

Criminal Appealbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2026:RJ-JP:25278-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc. Suspension Of Sentence Application No. 2422/2025 In D. B. Criminal Appeal No.498/2025 URN: SOSA / 4690U / 2025 1. Ramesh S/o Manghilal, Aged About 50 Years, R/o Village Karsai PS Sadar Karauli District Karauli (Raj.) (At present the accused appellant is confined in the Dis- trict Jail, Karauli (Raj.) 2. Samaysingh S/o Rameshchand, Aged About 27 Years, R/o Village Karsai PS Sadar Karauli District Karauli (Raj.) (At present the accused appellant is confined in the Dis- trict Jail, Karauli (Raj.) ----Accused-Applicants Versus State of Rajasthan, Through Public Prosecutor ----Respondent Connected With D.B. Criminal Misc. Suspension of Sentence Application No. 2401/2025 In D. B. Criminal Appeal No.492/2025 URN: SOSA / 4658U / 2025 1. Mohan S/o Sanwaliya, Aged About 61 Years, Resident of Village Karsai PS Sadar Karauli District Karauli (Raj.) (At present the accused appellant is confined in the Dis- trict Jail, Karauli (Raj.) 2. Surajlal S/o Mohan, aged about 39 Years, Resident of Vil- lage Karsai PS Sadar Karauli District Karauli (Raj.) (At present the accused appellant Is confined in the Dis- trict Jail, Karauli (Raj.) 3. Narsi S/o Mohansingh, aged about 28 Years, Resident of Village Karsai PS Sadar Karauli District Karauli (Raj.) (At present the accused appellant is confined in the Dis- trict Jail, Karauli (Raj.) ----Accused-Applicants [2026:RJ-JP:25278-DB] (2 of 3) [SOSA-2422/2025] Versus State of Rajasthan, Through Public Prosecutor ----Respondent For Applicant(s) : Mr. Manish Gupta with Mr. Rajveer Saini For State For Complainant(s) : : Mr. Rhishi Raj Singh Rathore, Dy.G.A. Mr. Mukesh Pal Jadoun HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE BHUWAN GOYAL Order 07/07/2026 1. These suspension of sentence applications have been filed by the applicants along with the appeal. 2. Counsel appearing on behalf of the accused-applicants sub- mits that the accused-applicants have been convicted and sen- tenced to undergo life imprisonment for the offence under Section 302 read with Section 149 IPC. 3. Counsel for the accused-applicants has annexed the certifi- cate under Rule 311 (3) of the Rajasthan High Court Rules to the effect that the accused-applicants were on bail during trial. Coun- sel submits that the applicants have been falsely implicated in this matter. Counsel further submits that it is a case of free fight and PW-2, who is son of the deceased, in his evidence recorded during trial stated that co-accused Prithvi Lal has caused head injury on the person of the deceased on account of which he fell down from Patore and later on he died during treatment. Counsel further sub- mits that hearing of appeal may take long time and prayed that [2026:RJ-JP:25278-DB] (3 of 3) [SOSA-2422/2025] sentence awarded to the applicants may be suspended and they be released on bail during the pendency of the appeal. 4. Learned Dy. Govt. Advocate assisted by learned counsel for the complainant has opposed the applications for suspension of sentence. 5. We have heard counsel for the parties and perused the record. 6. Considering the facts and circumstances of the present case and considering the statement of PW-2, who is son of the de- ceased and also the fact that the accused applicants were on bail during trial and hearing of appeal may take long time, we deem it just and proper to allow these criminal miscellaneous suspension of sentence applications. 7. In that view of the matter, these criminal miscellaneous sus- pension of sentence applications are allowed and it is ordered that execution of sentence awarded to the applicants shall remain sus- pended during the pendency of the criminal appeal and the appli- cants be admitted to bail subject to satisfaction of the trial Court with the stipulation that they shall appear before this Court on 11.08.2026 and thereafter as and when called upon to do so. 8. Office is directed to send a copy of this order to the con- cerned trial Court through e-mail/fax for necessary compliance. 9. A copy of this order be placed in another connected matter. (BHUWAN GOYAL),J (INDERJEET SINGH),J Gourav/8-9