Suspension of sentence granted based on lack of credible evidence and time served, allowing accused-applicants bail pending appeal.

Order :

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

2. Counsel appearing on behalf of the accused-applicants submits that the accused-applicants have been convicted and sentenced to undergo life imprisonment for the offence under Section 302/34 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. Counsel further submits that the accused-applicants have been falsely implicated in this matter. Counsel further submits that the case-in- hand is based on circumstantial evidence and no motive has been established by the prosecution. Counsel further submits that last seen witnesses have been declared hostile during trial. Counsel further submits that the investigating agency has recovered weapon of offence i.e. lathi on the information provided by the accused-applicants and no blood stains were found on the said lathi and while sending the same to FSL, police has sent iron rods instead of lathi to FSL. Counsel further submits that trial Court has disbelieved evidence of pendrive submitted by the prosecution. Counsel further submits that accused-applicants are in custody for more than two years and eight months. Counsel further submits that one of the accused-applicant namely Vishnu has not been named in the FIR. Counsel further submits that statement of last seen witnesses PW7 and PW12 has been recorded under Section 161 Cr.P.C . after three days and twelve days respectively. Counsel further submits that the appeal is not likely to be heard in near future. 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. Counsel for the accused-applicants relied upon the judgment of Hon’ble Supreme Court in the matter of ‘ Naresh @ Nehru versus State of Haryana ’ reported in 2023 Cr.L.R. (SC) 1309 .

5. Learned Government Advocate-cum-Additional Advocate General assisted by counsel for the complainant opposed the present application for suspension of sentence.

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

7. Considering the facts and circumstances of the present case, and also considering the facts; that instead of lathi, which was recovered at the instance of the accused-applicants, iron rods were sent to FSL and no blood stains were found on the said lathi; that the video clips of the incident have been disbelieved by the trial Court; that the accused-applicants have already served the sentence for a period of almost two years and eight months; that hearing/disposal of appeal is likely to take long time and also in view of judgment passed by Hon’ble Supreme Court in the matter of ‘Naresh @ Nehru’ (supra), we deem it just and proper to allow this criminal miscellaneous suspension of sentence application.

8. 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 24.03.2025 and thereafter as and when called upon to do so.

9. Office is directed to send a copy of this order to the concerned trial Court through e-mail/fax for necessary compliance.