Rakesh Son of Babu Lal Vs State of Rajasthan

Rakesh Son Of Babu Lal, Aged About 24 Years, Resident Of Ebara, Police Station Raithal, District Bundi (Rajasthan) (At Present Accused-Appellant Is Confined In District Jail, Bundi)

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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. Amir Aziz, Advocate.
	Mr. Mayank Kumar Choudhary, Advocate.
For Respondent(s)	: Mr. Rishi Raj Singh Rathore, Deputy Government Advocate.

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

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13/05/2026

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In D.B. Criminal Misc. Suspension Of Sentence Application (Appeal) No. 274/2026:

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(2 of 4)

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[2026:RJ-JP:20230-DB]

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[SOSA-274/2026]

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

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Counsel appearing on behalf of the accused-applicant submits that the accused-applicant has been convicted and sentenced to undergo life imprisonment for the offence punishable under Section 70(2) of BNS.

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Counsel for the accused-applicant has annexed the certificate under Rule 311 (3) of the Rajasthan High Court Rules to the effect that accused-applicant is in judicial custody. Counsel further submits that the accused-applicant has been falsely implicated in this matter. Counsel further submits that according to statement of PW2—Victim, the allegation of committing rape has been leveled against co-accused—Rakesh and the appeal is not likely to be heard in near future. Therefore, he prayed that 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 Deputy Government Advocate opposed the application for suspension of sentence and no one is present on behalf of the complainant/victim to oppose this application for suspension of sentence despite service of notice. 5. 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 also considering the statement of PW2—Victim and the fact that hearing/disposal of appeal may take long time, we deem it just and proper to allow this criminal miscellaneous suspension of sentence application.

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[2026:RJ-JP:20230-DB]

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[SOSA-274/2026]

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(3 of 4)

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In that view of the matter, this criminal miscellaneous suspension of sentence application filed on behalf of accusedapplicant Luvkush S/o Heeralal 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 9.07.2026 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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In D.B. Criminal Misc. Suspension Of Sentence Application No. 175/2026:

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

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Counsel appearing on behalf of the accused-applicant submits that the accused-applicant has been convicted and sentenced to undergo life imprisonment for the offence punishable under Section 70(2) of BNS.

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Counsel for the accused-applicant has annexed the certificate under Rule 311 (3) of the Rajasthan High Court Rules to the effect that accused-applicant is in judicial custody. Counsel further submits that the accused-applicant has been falsely implicated in this matter and the appeal is not likely to be heard in near future. Therefore, he prayed that sentence awarded to the accused-

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(4 of 4)

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[2026:RJ-JP:20230-DB]

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[SOSA-274/2026]

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applicant may be suspended and he be released on bail during the pendency of the appeal.

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Learned Deputy Government Advocate opposed the application for suspension of sentence and submits that the victim in her statement recorded during trial has leveled the allegation of committing rape against accused-applicant. Despite service of notice, no one is present on behalf of the complainant/victim to oppose this application for suspension of sentence despite service of notice.

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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 also considering the statement of PW2—Victim as well as considering the FSL report, no case is made out to allow this application for suspension of sentence.

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In that view of the matter, this application for suspension of sentence filed on behalf of accused-applicant Rakesh Son Of Babu Lal stands dismissed.

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(BHUWAN GOYAL),J

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(INDERJEET SINGH),J

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Tushar/26-27

Rakesh Son of Babu Lal v. State of Rajasthan

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Rakesh Son of Babu Lal v. State of Rajasthan

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