[2026:RJ-JP:624-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

D.B. Criminal Misc Second Suspension Of Sentence Application

No. 1543/2025

in

D. B. Criminal Appeal No.331/2024

1. Babulal S/o Munnalal, Aged About 43 Years, R/o Lalchah

Police Station Nadbai District Bharatpur (At Present

Confined In Central Jail Bharatpur)

2. Bhupendra Singh S/o Babulal, Aged About 21 Years, R/o

Lalchah Police Station Nadbai District Bharatpur (At

Present Confined In Central Jail Bharatpur)

----Petitioners

Versus

State Of Rajasthan, Through Public Prosecutor

----Respondent

For Petitioner(s) : Mr. Rinesh Gupta, Advocate.

For Respondent(s) : Mr. J. S. Rathore, Additional Advocate

General assisted by Mr. Gaurav

Gupta, Advocate.

HON'BLE MR. JUSTICE INDERJEET SINGH

HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

Order

08/01/2026

1. This suspension of sentence application has 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 punishable

under Section 302 IPC read with Section 149 IPC.

3. Counsel for the accused-applicants has annexed the certificate under Rule 311 (3) of the Rajasthan High Court Rules to

the effect that accused-applicants are in judicial custody.

4. Counsel further submits that an application for suspension of sentence filed on behalf of the accused-applicants on 12.11.2024.

Vide said order, this Court has allowed the suspension of sentence application filed on behalf of three co-accused persons namely Sonu Kumar, Bhagchand and Monu Kumar and dismissed the application for suspension of sentence with regard to accused- applicants namely Babulal and Bhupendra Singh. Aggrieved thereof, they filed special leave to appeal (crl.) No. 17111/2024 titled “Babulal & Anr. versus The State of Rajasthan” before the Hon’ble Supreme Court wherein on 07.02.2025, the Hon’ble Supreme Court passed the following order:-

“Heard the learned counsel for the petitioners.

We do not find any ground to interfere with the impugned order passed by the High Court. However, if the pending criminal appeal is not taken up and disposed of by the High Court within six months, liberty is given to the petitioners, to renew the prayer for suspension of sentence.

The Special Leave Petition is, accordingly, dismissed with the aforesaid liberty.

Pending application(s), if any, shall stand disposed of.”

5. Since liberty was granted to the accused-applicants for filing fresh application for suspension of sentence if the appeal is not heard or decided by this Court within a period of six months, the present application for suspension of sentence has been filed on behalf of the accused-applicants namely Babulal and Bhupendra Singh. Counsel further submits that the hearing of appeal may take long time and all the accused-persons were sentenced under Section 302 IPC read with Section 149 IPC. Counsel further submits that the sentence of similarly situated co-accused persons has already been suspended. Therefore, he prayed that sentence awarded to the accused-applicants may be suspended and they be released on bail during the pendency of the appeal.

6. Learned Additional Government Advocate opposed the application for suspension of sentence.

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

8. Considering the facts and circumstances of the present case, and also considering the fact that the sentence of similarly situated co-accused persons has already been suspended vide order dated 12.11.2024 and also considering the fact that hearing/disposal of appeal may take long time and also considering the fact that liberty was granted to the accused- applicants for filing fresh application of suspension of sentence if the appeal is not heard/decided within a period of six months, we deem it just and proper to allow this application for suspension of sentence.

9. In that view of the matter, this criminal miscellaneous suspension of se