Allowed

Dilkhush @ Deendayal S/O Babulal v. State of Rajasthan

Rajasthan HC7 May 2026SOSA/1548/2025

Case brief

AI extract

What is this about?

The court allowed the suspension of sentence application for accused-appellants convicted under Sections 302/34 IPC. Relying on the assignment of head injuries to a co-accused and lack of recovery from the appellants, the court granted bail subject to stipulations during the appeal.

What did the court decide?

Sentence under Sections 302/34 IPC suspended; appellants admitted to bail during pendency of appeal.

Dilkhush @ Deendayal S/O Babulal Vs State of… — Murder and Culpable Homicide | Rajasthan HC (2026)

¶1

[2026:RJ-JP:19401-DB]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

D.B. Criminal Misc. Suspension of Sentence Application No.

¶4

1548/2025

¶5

¶6

D. B. Criminal Appeal No.247/2025

¶7

Dilkhush @ Deendayal S/o Babulal, Aged About 27 Years, Resident of Dawada, Police Station Deikheda, District Bundi Rajasthan

¶8

Buddhiprakash Son of Mahaveer Prasad, Aged About 27 Years, R/o Labaan Station, Presently Residing Dapta Police Station Deikheda, District Bundi, Rajasthan (Presently Confined In Central Jail Kota)

¶9

---Accused-Appellants

¶10

Versus

¶11

State Of Rajasthan, Through P.P

¶12

----Respondent

¶13

For Applicant(s) : Mr. Anirudh Tyagi For Respondent(s) : Mr. Naresh Kumar Gupta, Dy. G.A.

¶14

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

¶15

07/05/2026

¶16

This suspension of sentence application has been filed by the applicants along with the appeal.

¶17

Counsel appearing on behalf of the accused-applicants submits that the accused-applicants have been convicted and sentenced to undergo life imprisonment for the offence under Sections 302/34 IPC.

¶18

Counsel submits that the applicants have been falsely implicated in this matter. Counsel further submits that according to the statements of eye witnesses recorded during trial, the head injuries on the person of the deceased has been assigned to co-accused-Aakash. He further submits that no recovery has been

¶19

[2026:RJ-JP:19401-DB]

¶20

[SOSA-1548/2025]

¶21

(2 of 2)

¶22

made from the accused applicants. Counsel also submits that both the applicants have served the sentence more than 3 years and hearing of appeal may take long time and prayed that sentence awarded to the applicants may be suspended and they be released on bail during the pendency of the appeal.

¶23

Learned Dy. Govt. Advocate has opposed the application for suspension of sentence. 4. We have heard counsel for the parties and perused the record.

¶24

Considering the facts and circumstances of the present case and the fact that the head injuries on the person of the deceased has been assigned to co-accused-Aakash and no recovery has been made from the accused appellants. Hearing of appeal may take long time, we deem it just and proper to allow this criminal miscellaneous suspension of sentence application.

¶25

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 applicants shall remain suspended during the pendency of the criminal appeal and the applicants be admitted to bail subject to satisfaction of the trial Court with the stipulation that they shall appear before this Court on 06.07.2026 and thereafter as and when called upon to do so.

¶26

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

¶27

(BHUWAN GOYAL),J

¶28

(INDERJEET SINGH),J

¶29

Gourav/11

Dilkhush @ Deendayal S/O Babulal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Dilkhush @ Deendayal S/O Babulal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Hakimsingh S/O Ramansingh Vs State of Rajasthan

Rinku @ Rinkesh S/O Ramkesh Alias Keshu Vs State of Rajasthan

Sunil Kumar S/O Chandraram Vs State of Rajasthan

Sonu Kumar Gurjar S/O Shri Harlal Gurjar Vs State of Rajasthan

Rajiya Bano Wife of Abdul Saleem @ Shailu D/O Kallu Khan Vs State of Rajasthan

Bhursingh Meena Urf Golu Urf Bs Meena S/O Rohtash, Vs State of Rajasthan