Court dismissed a suspension of sentence application during the pendency of an appeal against a life imprisonment sentence due to nature of the offence and lack of grounds to grant relief.
Application for suspension of sentence and bail is dismissed.
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[2025:RJ-JP:50012-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D.B. Criminal Misc. 3rd Suspension Of Sentence Application (Appeal) No. 1909/2025
In
D.B. Criminal Appeal No.17/2024
Bunty Suman S/o. Mishrilal, Aged About 32 Years, Resident Of Nohara Gali, Devpura, Police Station Kotwali, District Bundi (Raj.) (At Present Confined In Central Jail, Kota (Raj.)
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
| For Petitioner(s) | : Mr. |
Govind Lal Choudhary |
|---|---|---|
| For Respondent(s) | : Mr. |
Jitender Singh Rathore, Addl. GA |
| Mr. | Gaurav Gupta,Assl. GA |
HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order
09/12/2025
This third suspension of sentence application has been filed by the appellant alongwith the appeal.
Counsel for the appellant has annexed the certificate under Rule 311 (3) of the Rajasthan High Court Rules to the effect that the sentence for life imprisonment has been awarded to the appellant under Section 302 IPC and he is in custody . Counsel further submits that the appellant has served the sentence for about four years and the hearing of the appeal may take long time, hence, the sentence awarded to the appellant may be
[SOSA-1909/2025]
[2025:RJ-JP:50012-DB]
(2 of 2)
suspended during the pendency of the appeal and he be released on bail.
Learned Addl. Govt. Advocate has opposed the application for suspension of sentence and submits that according to the statement of eye witnesses as PW-1, 2 and 3, the applicant has caused knife injury on the person of deceased and knife has been recovered at the instance of the applicant. Counsel further submits that the FSL report (Ex.25) has also been found positive.
In the facts and circumstances of the present case and considering the statement of eye witnesses as well as considering the FSL report (Ex. 25) and looking to the nature of the offence(s) against the appellant, We are not inclined to grant the indulgence to the appellant as prayed for.
Hence, this third application for suspension of sentence stands dismissed.
(ASHOK KUMAR JAIN),J
(INDERJEET SINGH),J
JYOTI /2
Bunty Suman
State Of Rajasthan
Inderjeet Singh
Ashok Kumar Jain
As recorded by the court registry
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