In cases where a person has served more than ten years of imprisonment, bail may be granted unless there are extenuating circumstances.

ORDER :

1. This suspension of sentence application has been filed by the applicant along with the appeal.

2. Counsel for the applicant 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 applicant under Section 302 IPC and she is in Open Air Camp Jail at Ajmer. He further submits that the applicant is a lady and she has been falsely implicated in this matter and she has served the sentence for a period of more than ten years. He further submits that no other criminal case is pending against the applicant and the hearing of appeal may take long time and prayed that sentence awarded to the applicant may be suspended and she be released on bail during the pendency of the appeal.

3. Counsel for the applicant has 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, where in relevant para 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.”

4. Learned Deputy Government Advocate opposed the suspension of sentence application.

5. We have heard counsel for the parties and perused the material available on record.

6. Considering the facts and circumstances of the present case and also considering the fact that the applicant is a lady and she has served the sentence for a period of more than ten years as well as the judgments passed by the Hon’ble Supreme Court in the matter of Saudan Singh (supra) and the hearing 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 applicant shall remain suspended during the pendency of the criminal appeal and the applicant be admitted to bail subject to satisfaction of the trial Court with the stipulation that she shall appear before this Court on 04.04.2025 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.