Nijam @ Nijamuddin Son of Saleem Mohammad, Vs the State of Rajasthan

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[2026:RJ-JP:19986-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.

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1744/2025

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In

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D. B. Criminal Appeal No.317/2025

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Lokendra Singh S/o Mahabir Singh, Aged About 26 Years, R/o Kesholi, Police Station Kanwas, District Kota, Presently Prem Nagar Second, Tejaji Chowk, Police Station Udyog Nagar, Kota City.

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(Presently Confined In Central Jail Kota)

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---Accused-Applellant

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Versus

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State Of Rajasthan, Through Public Prosecutor

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----Respondent

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Connected With

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

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1531/2025

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In

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D. B. Criminal Appeal No.272/2025

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Adil Khan Son Of Shri Ashfaq Hussain, Aged About 24 Years, Resident Of Near Dr Rajendra Prasad School Govind Nagar P.S. Udyog Nagar, Kota City.

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(Accused Appellant Is Confined In Central Jail, Kota)

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----Appellant-Accused

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Versus

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State Of Rajasthan, Through P.P

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----Respondent

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D.B. Criminal Misc. Suspension Of Sentence Application No. 1743/2025

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In

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D. B. Criminal Appeal No.258/2025

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Nijam @ Nijamuddin Son Of Saleem Mohammad, Aged About 43 Years, Resident Of Near Makka Masjid Indra Gandhi Nagar, D.c.m. Police Station Udhyog Nagar, Kota (Raj.) (At Present In Central Jail, Kota)

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Siraj Khan Son Of Mohammad Saleem, Aged About 35

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(2 of 4)

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[2026:RJ-JP:19986-DB]

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[SOSA-1744/2025]

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Years, Resident Of Near Makka Masjid Indra Gandhi Nagar, D.c.m. Police Station Udhyog Nagar, Kota City (Raj.) (At Present in Central Jail, Kota)

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----Accused/Appellants

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Versus

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The State of Rajasthan, Through P.P

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----Respondent

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For Petitioner(s)	:	Mr. Nitin Kumar Sharma Mr. Sunil Tyagi Mr. Anirudh Tyagi Mr. Buddhi Prakash Meena Mr. Shyam Bihari Gautam Mr. Pankaj Gupta
For Respondent(s)	:	Mr. Rhishi Raj Singh Rathore, Dy.G.A. Mr. Naresh Kumar Gupta, Dy.G.A. & Mr. Vinod Kumar Sharma Mr. Mukesh Sharma

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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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12/05/2026

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These suspension of sentence applications have been filed by the applicants along with the appeal.

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

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Counsel for the accused-applicants has annexed the certificate under Rule 311 (3) of the Rajasthan High Court Rules to the effect that accused-applicants were on bail during trial. Counsel submit that the applicants have been falsely implicated in this matter. Counsel further submits no injury was found on the

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[2026:RJ-JP:19986-DB]

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[SOSA-1744/2025]

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(3 of 4)

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vital part of the body of the deceased during the treatment. The incident took place on 01.07.2018 and the deceased died on 08.07.2018. As per the medical report, the deceased died due to Scrub Typhes in Hospital at Kota. According to the statements of Dr. Surendra Meena (PW-2) and Dr. Neelam Jain(PW-8), the platelets count of the deceased fall down to fifty six thousand and he was suffering from Scrub Typhus. The witnesses in their crossexamination admitted that there was no X-ray report and MRI on record. Learned counsel also submitted that the doctors have also admitted in their cross-examination that the injuries on the body of the deceased were not sufficient to cause death in ordinary course of nature. Learned counsel further submit that hearing/disposal of appeal may take long time and they prayed that sentence awarded to the applicants may be suspended and they be released on bail during the pendency of the appeal.

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Learned Dy. Government Advocate has assisted by learned counsel for the complainant opposed applications for suspension of sentence.

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We have heard counsel for the parties and perused the record.

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Considering the facts and circumstances of the present case and considering the medical report of the deceased as well as also considering the statements of Dr. Surendra Meena (PW-2) and Dr. Neelam Jain(PW-8) and the fact that at the time of treatment in the hospital, the deceased was suffering from Scrub Typhus and he died after 7 days of the incident. During trial, the accused applicants were on bail and hearing of appeal may take long time,

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(4 of 4)

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[2026:RJ-JP:19986-DB]

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[SOSA-1744/2025]

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we deem it just and proper to allow these criminal miscellaneous suspension of sentence applications.

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In that view of the matter, these criminal miscellaneous suspension of sentence applications are allowed and it is ordered that execution of sentence awarded to the applicants shall remain suspended during the pendency of the criminal appeals 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 13.07.2026 and thereafter as and when called upon to do so.

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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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A copy of this order be placed in each connected file.

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(BHUWAN GOYAL),J

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(INDERJEET SINGH),J

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Gourav/25-27

Nijam @ Nijamuddin Son of Saleem Mohammad, v. the State of Rajasthan

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Nijam @ Nijamuddin Son of Saleem Mohammad, v. the State of Rajasthan

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