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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
MR. JUSTICE INDERJEET SINGH, MR. JUSTICE PRAMIL KUMAR MATHUR, JJ
Gopal Lal S/O Sanwataram – Appellant
Versus
State of Rajasthan – Respondent
Order :
D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 289/2025
1. This suspension of sentence application has been filed by the accused-applicants along with the appeal.
2. Learned counsel for the applicants submits that the accused- applicants have been falsely involved in this matter. Counsel further submits that co-accused-Kamal has caused head injury on the person of deceased-Ramjilal and co-accused-Man Singh has caused head injury on the person of deceased-Gokul. Counsel further submits that the allegation against co-accused-Dharm Singh is that he ran the Jeep over deceased-Ramjilal and Gokul. Counsel further submits that so far present applicants are concerned, allegations against them are general in nature and it is a case of free fight and from the side of the accused, five persons sustained various injuries including fracture. Counsel further submits that the accused-applicants were on bail during trial and hearing of appeal will take long time.
3. Learned Additional Government Advocate and counsel for the complainant have opposed the present application for suspension of sentence.
4. We have heard counsel for the parties and perused the record.
5. Keeping i
Suspension of sentence granted based on the nature of allegations and circumstances of a free fight, allowing accused-applicants to appeal while on bail.
Suspension of sentence is justified when accused are on bail during trial, and cases involve complexities requiring prolonged appeal processes.
The court allowed the suspension of sentence for accused-applicants pending appeal, emphasizing their prior bail status and involvement of a co-accused.
The court established that non-vital injuries and prior bail status can justify the suspension of a sentence during an appeal.
The court can suspend a sentence during the appeal process if justified by circumstances such as the duration of custody and similar cases.
The court established that sentences can be suspended based on the duration already served and the conditions of appearance during the appeal process.
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