Badri Lal vs State Of Rajasthan
2023 Latest Caselaw 80 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

     D.B. Criminal Misc. Second Suspension of Sentence Application
                                No.466/2022

                                        In

                  D.B. Criminal Appeal No. 697/2015

1. Badri Lal S/o Shri Bhura Lal, R/o Bhadurpura, Police Station
Sunel, District Jhalawar (Raj.).
2. Karu Lal S/o Badri Lal, R/o Bhadurpura, Police Station Sunel,
District Jhalawar (Raj.).


(Presently they are behind the Bars in Central Jail, Kota).
                                                                  ----Applicants
                                    Versus
State Of Rajasthan Through PP
                                                                 ----Respondent

For Applicants(s)         :     Mr. Ajay Singh
For State                 :     Mr. Javed Choudhary, AGA



            HON'BLE MR. JUSTICE PANKAJ BHANDARI
             HON'BLE MR. JUSTICE BIRENDRA KUMAR

                                     Order

03/01/2023

1. Accused-applicants have preferred this second application for

suspension of sentence.

2. Heard on second application for suspension of sentence.

3. It is contended by counsel for the accused-applicants that

applicants have remained in custody for a period of ten years. The

case rests upon circumstantial evidence. Accused-applicant-Badri

Lal is aged around 71 years. Application for suspension of

sentence of two of the co-accused has been allowed by the Court.

(2 of 2) [SOSA-466/2022]

4. Learned Additional Government Advocate has opposed the

second application for suspension of sentence.

5. We have considered the contentions.

6. Considering the custody period and the fact that the case

rests upon circumstantial evidence and disposal of appeal is bound

to take time and in view of the judgment passed by the Hon'ble

Apex Court in the case of "Saudan Singh Vs. State of U.P.

[Criminal Appeal No.308/2022 (SLP (Crl.) No.4633/2021],

we deem it proper to allow the second application for suspension

of sentence.

7. Accordingly, the second application for suspension of

sentence is allowed. It is ordered that the sentence awarded to

accused-applicants in Sessions Case No.21/2013 shall remain

suspended if the accused-applicants furnish a personal bond of

Rs.1,00,000/- and two sureties of Rs.50,000/- each to the

satisfaction of the learned Trial Court to the effect that they shall

appear before this Court as and when called upon to do so.

(BIRENDRA KUMAR),J (PANKAJ BHANDARI),J

AMIT/7

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