The court may suspend a life sentence based on the duration of custody and circumstances of the case, even when evidence against the convict exists.

ORDER :

This Suspension of Sentence Application has been moved by the convict-applicant who has suffered the sentence of life imprisonment under section 302 read with section 34 of the Indian Penal Code; co-accused Aman was found juvenile and his trial was separated.

2. On the basis of written report of Harendra Singh, a crime report no. 158 of 2017 was registered and the present convict-applicant and co-accused Aman were sent up for trial.

3. In the trial, the prosecution examined thirteen witnesses out of whom PW-3 Bhagwanti was projected as an eye-witness. However, while tendering evidence in the Court, PW-3 did not support the prosecution and she was declared hostile at the instance of the prosecution.

4. This Suspension of Sentence Application has been opposed by Mr. Deepak Choudhary, the learned Additional Advocate General and Mr. Umesh Kant Vyas, the learned counsel appearing for the informant.

5. Mr. Umesh Kant Vyas, the learned counsel for the informant has taken us through the scientific evidence brought on record which would indicate that the blood-stained shirt carried the same blood as of the deceased-Ajindrapal Singh.

6. However, having regard to the period of custody undergone by the present convict-applicant who has remained in jail for about seven and a half years and the aforementioned facts and circumstances in the case, we are inclined to suspend the sentece awarded to the convict-applicant Ajay Kumar son of Raj Kumar in Sessions Case No.15 of 2017 till final disposal of D.B. Criminal Appeal No.51 of 2024. D.B. Criminal Misc Suspension of Sentence Application (Appeal) No. 195 of 2024 is allowed. The convict-applicant shall be released on bail, upon furnishing a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge on the conditions indicated below:-

“1. That he will appear before the trial Court in the month of January every year till the appeal is decided.

2. That if the applicant changes the place of residence, he will give in writing his changed address to the trial Court as well as to the counsel in the High Court.

3. Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court.”

7. The convict-applicant shall appear before the Deputy Registrar (Judicial), Rajasthan High Court, Jodhpur on 20^th March 2025. The learned trial Court shall keep the record of attendance of the accused-applicant in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-applicant was tried and convicted. A copy of this order shall also be placed in that file for ready reference. Criminal Misc. file shall not be taken into account for statistical purposes relating to pendency and disposal of cases in the trial Court. In case the accused applicant fail to appear before the trial Court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.