Hargyan S/O Moolchand Vs State of Rajasthan — Murder and Culpable Homicide | Rajasthan HC (2026)

Hargyan S/O Moolchand Vs State of Rajasthan — Murder and Culpable Homicide | Rajasthan HC (2026)

What the court decided

AI extract

Outcome

Suspension of sentence application allowed: execution of the sentence (life imprisonment under Section 302/34 IPC) remains suspended during the pendency of D.B. Criminal Appeal No.43/2026; accused-applicant admitted to bail subject to satisfaction of the trial Court, with stipulation to appear before this Court on 02.07.2026 and thereafter as and when called upon.

Issue for consideration

Whether the sentence of life imprisonment awarded to the accused-applicant should be suspended and he released on bail during the pendency of D.B. Criminal Appeal No.43/2026.

Court's answer

The Court deemed it just and proper to allow the suspension of sentence application considering that the accused-applicant was on bail during trial, the allegation of causing head injury on the person of the deceased is against co-accused Nemi, and hearing of the appeal may take long time.

Ratio / Principle

Execution of the sentence awarded to the accused-applicant shall remain suspended during the pendency of the criminal appeal, and the accused-applicant is to be admitted to bail subject to satisfaction of the trial Court.

Key takeaways

Bail is subject to the stipulation that the accused-applicant shall appear before this Court on 02.07.2026 and thereafter as and when called upon to do so.ratio¶22
Office is directed to send a copy of this order to the concerned trial Court through e-mail/fax for necessary compliance (ministerial direction implementing the relief; classified as obiter for want of a closer category).obiter¶26

Detailed headnote1 paragraphs

Rajasthan High Court (Jaipur, DB) allowed suspension of sentence: accused-applicant Hargyan, convicted under Sections 447 and 302/34 IPC and sentenced to life imprisonment, was on bail throughout the trial; the allegation of causing head injury on the deceased is against co-accused Nemi (Kulhari recovered at his instance; no recovery from the applicant); and hearing of the appeal (D.B. Criminal Appeal No.43/2026) may take long time. Execution of sentence suspended during pendency of the appeal; applicant admitted to bail subject to satisfaction of the trial Court, with stipulation to appear before the High Court on 02.07.2026 and thereafter as called upon. Order dated 04/05/2026.

[2026:RJ-JP:18758-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

D.B. Criminal Misc. Suspension Of Sentence Application No. 161/2026 In

D.B. Criminal Appeal No.43/2026

Hargyan S/o Moolchand, Resident Of Raghunathpura, P.s. Bamanwas, District Sawai Madhopur, Rajasthan. (Presently Confined In District Jail Gangapur City)

----Petitioner

Versus

State Of Rajasthan, Through Public Prosecutor

----Respondent

For Petitioner(s)	:	Mr. Ravindra Kumar Paliwal
For Respondent(s)	:	Mr. Naresh Gupta, Dy.G.A. with
		Mr. Vinod Kumar Sharma
		Ms. Neha Goyal

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

Order

04/05/2026

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

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

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

[2026:RJ-JP:18758-DB]

[SOSA-161/2026]

(2 of 3)

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.

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.

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.

[SOSA-161/2026]

[2026:RJ-JP:18758-DB]

(3 of 3)

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

(BHUWAN GOYAL),J

(INDERJEET SINGH),J

Upendra Pratap Singh /28