Suspension of sentence is justified when the accused shows circumstances such as prior bail status, marriage to the prosecutrix, and delays in FIR filing, indicating a potential for prolonged appeal.

ORDER :

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

2. Counsel appearing on behalf of the accused-applicant submits that the accused-applicant has been sentenced to undergo life imprisonment for the offence under Section 376 (2) (n) of the Indian Penal Code , 1860.

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 was on bail during trial and presently, he is confined in Jail. He further submits that the accused-applicant has been falsely implicated in this matter. He further submits that the prosecutrix is a lady aged about 21 years and the FIR in this matter has been lodged after a delay of 9 days. He further submits that the accused-applicant and the prosecutrix have solemnized the marriage and thereafter the prosecutrix has also filed a divorce petition in the Family Court, at New Delhi Ex.(P- 22). He further submits that the hearing/disposal of appeal is likely to take 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 Additional Government Advocate assisted by learned counsel for the complainant has opposed the present application for suspension of sentence.

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

6. Keeping in view the facts and circumstances of the present case and also considering the facts; that the accused-applicant was on bail during trial; that the accused-applicant and the prosecutrix have solemnized the marriage; that the FIR has been lodged after a delay of 9 days; that the divorce petition is pending before the Family Court, at New Delhi 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-applicant 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-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 15.04.2025 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.