[2026:RJ-JP:9573-DB]

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

1700/2025 in D.B. Criminal Appeal No. 368/2025 Prem Singh S/o Karan Singh, R/o- Chak-Kharika, Police Station Ucchain, Tehsil Roopwas, District Bharatpur.

Presently Confined In Central Jail Kota.

----Accused/Applicant Versus State Of Rajasthan, Through Public Prosecutor.

----Respondent For Applicant(s) : Mr. Sukhdev Singh Solanki For State : Mr. Naresh Kumar Gupta, PP For Complainant : Mr. Yogesh Singhal Ms. Saroj Singh HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL HON'BLE MR. JUSTICE BHUWAN GOYAL

Order

06/03/2026 This suspension of sentence application under Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the accused-applicant (for brevity, “the applicant”) alongwith the appeal. The applicant has been convicted and sentenced by the learned Special Judge, SC/ST (Prevention of Atrocities), Jhalawar (for short, ‘the learned trial Court’) vide judgment dated 14.8.2025 passed in Sessions Case No.118/2018 (CIS No.117/2018) as under:-

Under Section 302 IPC: Life imprisonment and fine of ₹1,00,000/-; in default whereof, six months’ additional simple imprisonment.

Learned counsel for the applicant submits that he has falsely been implicated in this case. Inviting attention of this Court towards the ocular and documentary evidence available on record, he would submit that FIR was lodged with a delay of about six months wherein, after investigation, finding it to be a case of an accidental death, the investigating agency submitted negative final report. He submits that the learned trial Court erred in relying upon the testimony of sole eye witness Shri Vijendra Singh (PW-3) ignoring that the same was not trustworthy. Learned counsel submits that the applicant was on bail during trial and hearing of the appeal is likely to take time. He, therefore, prays for suspension of sentence awarded to him vide judgment impugned dated 14.08.2025 during pendency of the appeal.

Per contra, learned Public Prosecutor, assisted by learned counsel for the complainant, opposed the prayer.

Heard. Considered.

The record reflect that the FIR was delayed by six months and the police has, after thorough investigation, submitted negative final report finding it to be a case of accidental death. The cross-examination of the sole eye witness Shri Vijendra Singh (PW-3) reflects that allegations levelled in his examination-in-chief against the applicant did not exist in his police statement (Ex.D1). The applicant was on bail during trial with no allegation of its misuse. Hearing of appeal is likely to take time. In view thereof, we deem it just and proper to allow the application for suspension of sentence filed by the applicant.

Accordingly, the suspension of sentence application is allowed. Sentence awarded to the applicant by the learned trial Court vide judgment dated 14.08.2025 shall remain suspended during pendency of the appeal and the applicant- Prem Singh S/o Karan Singh shall be released on bail provided he furnishes bail bonds to the satisfaction of the learned trial Court to the effect that he shall appear before this Court on or before 06.04.2026 and as and when called upon to do so till disposal of the appeal and subject to the following conditions:-

1. That he will appear before the learned trial Court in the month of January of 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 learned trial Court as well as to his learned counsel in the High Court who shall, in turn, inform this Court.

3. Similarly, if the sureties change their address(es), he will give in writing their changed address(es) to the learned trial Court.

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 relating to original case in which the accused-