Suspension of sentence justified due to delays in appeal process and circumstances surrounding eyewitness testimonies.

ORDER :

1. These suspension of sentence applications have been filed by the accused-applicants along with the appeal(s).

2. Counsels appearing on behalf of the accused-applicants submit that the accused-applicants have been convicted and sentenced to undergo life imprisonment for the offence under Section 302 of IPC read with Section 149 thereof.

3. Counsels for the accused-applicants have annexed the certificate(s) under Rule 311 (3) of the Rajasthan High Court Rules to the effect that accused-applicants are in judicial custody. Counsels further submit that eyewitness-PW5, who is wife of the deceased, has admitted in her cross-examination that when she reached at the spot on motorcycle along with her son, the deceased had already died and the body of the deceased was lying there. Counsels further submit that another eyewitness namely Budhi Prakash has been declared hostile by the Trial Court. Counsels further submit that all the applicants were on bail during trial and the appeal(s) is not likely to be heard in near future. Therefore, they 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(s).

4. Learned Additional Government Advocate assisted by counsel for the complainant 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 the statement of eyewitnesses i.e. PW-5 and PW- Bhudhi Prakash and also considering the fact that hearing/disposal of appeal(s) is likely to 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-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 15.04.2024 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.

9. Copy of this order be separately placed in each connected file.