The court can suspend a sentence during the appeal process if justified by circumstances such as the duration of custody and similar cases.

ORDER :

1. This suspension of sentence application has been filed by the present accused-applicants along with the appeal.

2. Counsel appearing on behalf of the accused-applicants submits that the accused-applicants have been sentenced to undergo life imprisonment for the offence under Section 302 /149 of IPC .

3. Counsel for the accused-applicants have annexed the certificate under Rule 311 (3) of the Rajasthan High Court Rules to the effect that accused-applicants are in judicial custody since the date of arrest. Counsel further submits that the accused-applicants have been falsely implicated in this matter. Counsel further submits that the accused-applicants has served the sentence for a period of more than seven years. Counsel further submits that the accused-applicants have been convicted with the aid of Section 149 of IPC and the sentence of similarly situated co-accused person namely Ramveer has already been suspended by this Court. Counsel further submits that hearing/disposal of appeal is likely to take long time. Therefore, he prayed that sentence awarded to the accused-applicants may be suspended and the accused-applicants be released on bail during the pendency of the appeal.

4. Learned Government Advocate-cum-Additional Government Advocate opposed the present application for suspension of sentence.

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

6. Keeping in view the facts and circumstances of the present case and also considering the fact that the sentence of similarly situated co-accused person namely Ramveer has already been suspended by this Court and also considering the fact that hearing/disposal of appeal is likely to take long time, we deem it just and proper to suspend the sentence of the present accused-applicants during the pendency of the appeal.

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 the accused-applicants shall appear before this Court on 07.04.2025 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.