Suspension of sentence is justified when accused are on bail during trial, and cases involve complexities requiring prolonged appeal processes.

Order :

1. These suspension of sentence applications have been filed by the applicants along with the appeals.

2. Counsel for the applicants has annexed the certificate under Rule 311 (3) of the Rajasthan High Court Rules to the effect that during the trial, the applicants were on bail and the sentence of life imprisonment has been awarded to the applicants under Section 302/149 of IPC and they are in judicial custody at District Jail, Dausa. He further submits that the applicants have been falsely implicated in these matters. He further submits that both the cases are of free fight and from both the sides the cross FIR was lodged in the Police Station against each other. He further submits that there are contradictions between the statements of Doctors who examined the injured persons as well as deceased and Doctor who conducted the post-martem and in both the appeals, applicants in main case as well as in cross case belong to the same family and dispute with regard to land is pending in the Revenue Courts and hearing of appeals may take long time and prayed that sentence awarded to the applicants may be suspended and they be released on bail during the pendency of the appeals.

3. Learned Government Advocate and counsel for the complainant have opposed the suspension of sentence applications.

4. We have heard counsel for the parties and perused the material available on record.

5. Keeping in view the facts and circumstances of the present case and also considering the fact that both the cases are of free fight and all the accused applicants were on bail during trial and the hearing of appeals may take long time, We deem it just and proper to allow these criminal miscellaneous suspension of sentence applications.

6. In that view of the matter, these criminal miscellaneous suspension of sentence applications are allowed and it is ordered that execution of sentence awarded to the applicants shall remain suspended during the pendency of the criminal appeals and the applicants be admitted to bail subject to satisfaction of the trial Court with the stipulation that they shall appear before this Court on 17.03.2025 and thereafter as and when called upon to do so.

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

8. A copy of this order be placed in connected file.