[2026:RJ-JP:2800-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc IIIrd Suspension Of Sentence Application No.

2230/2025 In D.B. Criminal Appeal No.43/2023 Rafiq @ Bakri Chor Son Of Hafiz Khan, Aged About 27 Years, Resident Of 479, New Sanjay Nagar Kachchi Basti, Bhatta Basti Jaipur (Raj.) (At Present In Central Jail, Jaipur)

----Petitioner Versus State Of Rajasthan, Through P.p ----Respondent For Petitioner(s) : Mr. Santosh Kumar Jain For Respondent(s) : Mr. Jitendra Singh Rathore, Addl.G.A.

HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE BHUWAN GOYAL

Order

21/01/2026

1. This third suspension of sentence application has been filed by the accused-applicant along with the appeal.

2. Counsel appearing on behalf of the accused-applicant submits that the accused-applicant has been convicted for the offences under Sections 302 read with Section 34, 397, 341 & 323 of Indian Penal Code, 1908.

3. Counsel for the accused-applicant has annexed the certificate under Rule 311 (3) of the Rajasthan High Court Rules to the effect that the accused-applicant is confined in jail since his initial date of arrest. He further submits that the accused-applicant has been falsely implicated in this matter and the accused-

applicant has already served the sentence for a period of more than eleven years. He further submits that the sentence of life Sections 302 read with Section 34 of IPC. He further submits that the appeal is not likely to be heard in near future and prayed that sentence awarded to the accused-applicant may be suspended and he be released on bail during the pendency of the appeal.

4. Counsel for the accused-applicant relied upon the judgment of Hon’ble Supreme Court in the matter of ‘Saudan Singh versus The State of Uttar Pradesh’, (Criminal Appeal No.308/2022 (SLP (Crl.) No.4633/2021), decided on 25.02.2022, wherein it is held as under:-

“The second category of cases can be one where the person has served out more than 10 years of sentence. In these cases also at one go bail can be granted unless there are any extenuating circumstances against him.”

5. Learned Additional Government Advocate has opposed the 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 the accused-applicant has already served the sentence for a period of more than eleven years; hearing of appeal may take long time and also in view of judgment passed by Hon’ble Supreme Court in the matter of ‘Saudan Singh’ (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 remain suspended during the pendency of the criminal appeal and the accused-applicant be admitted to bail subject to satisfaction of the trial Court with the stipulation that he shall appear before this Court on 23.02.2026 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.

(BHUWAN GOYAL),J (INDERJEET SINGH),J Upendra Pratap Singh /20