Allowed

Mahesh S/O Ashok v. State of Rajasthan

Rajasthan HC3 Sept 2025SOSA/506/2025

Case brief

AI extract

What is this about?

Convicted appellant sought suspension of his life sentence during the pendency of his appeal against conviction under Sections 302/34, 341 and 323 IPC. Considering medical evidence, eyewitness statements and likely delay in appeal disposal, the court suspended the sentence and released him on bail subject to trial court conditions.

What did the court decide?

Execution of sentence suspended during pendency of criminal appeal; accused-applicant admitted to bail subject to trial court's satisfaction and directed to appear on 14.10.2025.

Mahesh S/O Ashok Vs State of Rajasthan — Murder and Culpable Homicide | Rajasthan HC (2025)

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[2025:RJ-JP:35263-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Criminal Misc Suspension Of Sentence Application No. 506/2025

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D.B. Criminal Appeal No.110/2025

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Mahesh S/o Ashok, Aged About 20 Years, R/o Devarniya Police Station Baroni District Tonk (Raj) (At Present Confined In Central Jail Ajmer)

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----Petitioner

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Versus

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State Of Rajasthan, Through Public Prosecutor

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----Respondent

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For Petitioner(s)	:	Mr. VinayPal Yadav
For Respondent(s)	:	Mr. Jitendra Singh Rathore, AGA
		Mr. Bajrang Lal Choudhary for the complainant.

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

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Order

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03/09/2025

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

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Learned counsel for the accused-applicant submits that the accused-applicant has been convicted for the offences under Sections 302/34, 341 & 323 of IPC.

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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 confined in Central Jail, Ajmer. He further submits that the accused-applicant has been falsely implicated in this matter and the sentence of life imprisonment has been awarded to

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[2025:RJ-JP:35263-DB]

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[SOSA-506/2025]

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(2 of 3)

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the accused-applicant for the offence under Section 302/34 of Indian Penal Code, 1860. He further submits that according to statement of eye witnesses, head injury on the person of deceased has been caused by co-accused Ashok. He further submits that the hearing/disposal of appeal is likely to take long time, hence, the sentence awarded to the accused-applicant may be suspended and he be released on bail during the pendency of the appeal.

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Learned Additional Government Advocate assisted by learned counsel for the complainant has opposed the present application for suspension of sentence.

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We have heard learned counsel for the parties and perused the record. 6. Considering the facts and circumstances of the present case and also considering the statement of doctor PW-10 and the statement of eye witnesses as well as PMR report; disposal of appeal is likely to take time; without expressing any opinion on merits of the case, we deem it just and proper to allow the application for suspension of sentence.

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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 14.10.2025 and thereafter as and when called upon to do so.

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[SOSA-506/2025]

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[2025:RJ-JP:35263-DB]

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(3 of 3)

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Office is directed to send a copy of this order to the concerned trial Court through e-mail/fax for necessary compliance.

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(BHUWAN GOYAL),J

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(INDERJEET SINGH),J

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Upendra Pratap Singh /25

Mahesh S/O Ashok v. State of Rajasthan

Case brief

What is this about?

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Mahesh S/O Ashok v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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