Citation : 2025 Latest Caselaw 15740 Raj
Judgement Date : 19 November, 2025
[2025:RJ-JD:50031-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application No.
1517/2025
IN
D.B. Criminal Appeal No.217/2018
Narayan Das Soni @ Neni @ Dan S/o Surendra Kumar, Aged
About 32 Years, R/o Near Ramdev Mandir, Prabhu Chowk, Purani
Aabadi, Sriganganagar (At Present Confined In District Jail,
Sriganganagar)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : None present
For Respondent(s) : Mr. S.S. Rathore, Dy. Govt. Adv.
HON'BLE MR. JUSTICE INDERJEET SINGH
HON'BLE MRS. JUSTICE SANGEETA SHARMA
Order
19/11/2025
1. This suspension of sentence application has been filed by the
accused-applicant along with the appeal.
2. No-one appeared on behalf of the accused-applicant even in
second round.
3. On perusal of the record it is revealed that the accused-
applicant has been convicted for the offences under Sections
302/34, 449 & 397/34 of the Indian Penal Code, 1980 and the
sentence of life imprisonment has been awarded to the accused-
applicant for the offences under Sections 302/34 of IPC. He is in
custody for more than 10 years. It is prayed in this application
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that the sentence awarded to the accused-applicant may be
suspended and he be released on bail during the pendency of the
appeal.
4. Learned Deputy Government Advocate has opposed the
application for suspension of sentence, however, submits that as
per the custody certificate, the applicant has served the sentence
for more than 10 years.
5. We have perused the record.
4. The judgment passed by the Hon'ble Supreme Court in the
matter of 'Saudan Singh versus The State of Uttar Pradesh',
(Criminal Appeal No.308/2022 (SLP (Crl.) No.4633/2021), decided
on 25.02.2022, where in relevant para it has been held as under:-
"The second category of cases can be one where the person has served out more than 10 years of sentence. In these cases also at one go bail can be granted unless there are any extenuating circumstances against him."
5. Considering the submission put forth by learned Deputy
Government Advocate as well as taking into account the facts and
circumstances of the present case and also the judgment passed
by the Hon'ble Supreme Court in the matter of Saudan Singh
(supra); the period of custody and the hearing of appeal may
take long time, We deem it just and proper to allow this criminal
miscellaneous suspension of sentence application.
6. 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 applicant shall remain
suspended during the pendency of the criminal appeal and the
applicant be admitted to bail subject to satisfaction of the trial
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Court with the stipulation that he shall appear before this Court on
19.12.2025 and thereafter as and when called upon to do so.
7. Office is directed to send a copy of this order to the
concerned jail authorities as well as to the Secretary, Rajasthan
High Court Legal Services Committee, Jodhpur for informing the
accused-applicant about passing of this order.
(SANGEETA SHARMA),J (INDERJEET SINGH),J 13-amit/-
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