Order

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

2. Learned counsel appearing on behalf of the accused-applicant submits that the accused-applicant has been convicted for the offences under Sections 447, 302/34 of Indian Penal Code, 1908.

3. Learned 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 was on bail during trial and presently, he is serving his sentence in District Jail, Gangapur City. He further submits that the accused-applicant has been falsely implicated in this matter and the allegation of causing head injury on the person of deceased is against co-accused Nemi and Kulhari has also been recovered at the instance of co-accused Nemi. He further submits that no recovery has been made from the accused-applicant and sentence of life imprisonment has been awarded to the accused-applicant for the offence under Section 302/34 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. Learned Deputy Government Advocate has opposed the application for suspension of sentence.

6. We have heard learned 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 was on bail during trial; the allegation of causing head injury on the person of deceased is against co-accused Nemi; hearing of appeal may take long time, 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 execution of sentence awarded to the accused-applicant shall 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 02.07.2026 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.