Wahab Mohammad Son of Abdual Hamid Vs the State of Rajasthan

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[2026:RJ-JP:20382-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. 521/2025

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in

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D. B. Criminal Appeal No.114/2025

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Wahab Mohammad Son Of Abdual Hamid, Aged About 61 Years, Resident Of Haat Chowk Aklera Police Station Aklera District Jhalawar (At Present Lodged In The Central Jail Kota)

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Talib Mansoori Son Of Wahab Mohammad, Aged About 31 Years, Resident Of Haat Chowk Aklera Police Station Aklera District Jhalawar (At Present Lodged In The Central Jail Kota)

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----Petitioners

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Versus

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The State Of Rajasthan, Through The Public Prosecutor

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----Respondent

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For Petitioner(s)	: Mr. Ashvin Garg, Advocate. Mr. Ripu Daman Shekhawat, Advocate.
For Respondent(s)	: Mr. Rajesh Choudhary, Government Advocate-cum-Additional Advocate General assisted by Mr. Vinod Kumar Gupta, Advocate and Ms. Neha Goyal, Advocate.

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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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14/05/2026

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

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Counsel appearing on behalf of the accused-applicants submits that the accused-applicants have been convicted and

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(2 of 3)

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[2026:RJ-JP:20382-DB]

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[SOSA-521/2025]

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sentenced to undergo life imprisonment for the offence punishable under Section 302 IPC read with Section 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 are in judicial custody. Counsel further submits that the accused-applicants have been falsely implicated in this matter. Counsel further submits that the deceased died due to head injury and according to statement of PW1, the co-accused has caused head injury on the person of deceased. Counsel further submits that both the accusedapplicants were on bail during trial and they have been convicted under Section 302 IPC with the aid of Section 34 IPC. Counsel further submits that the appeal is not likely to be heard in near future. Therefore, he prayed that sentence awarded to the accused-applicants may be suspended and they be released on bail during the pendency of the appeal.

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Learned Government Advocate-cum-Additional Advocate General opposed the application for suspension of sentence. 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 fact that both the accused-applicants were on bail during trial and also considering 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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In that view of the matter, this criminal miscellaneous suspension of sentence application is allowed and it is ordered that

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[2026:RJ-JP:20382-DB]

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[SOSA-521/2025]

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(3 of 3)

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execution of sentence awarded to the accused-applicants shall remain suspended during the pendency of the criminal appeal and the accused-applicants be admitted to bail subject to satisfaction of the trial Court with the stipulation that they shall appear before this Court on 10.07.2026 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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(BHUWAN GOYAL),J

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(INDERJEET SINGH),J

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Tushar/8

Wahab Mohammad Son of Abdual Hamid v. the State of Rajasthan

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Wahab Mohammad Son of Abdual Hamid v. the State of Rajasthan

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