Rajasthan High Court
SOSA/2219/2025 of DINESH BENIWAL SON OF SHRI OMPRAKASH Vs STATE OF RAJASTHAN on 17 August 2026
JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc. 4th Suspension Of Sentence Application No. 2219/2025 CNR: RJHC020305752025 | URN: SOSA / 4281U / 2025 in D. B. Criminal Appeal No. 98/2022 Dinesh Beniwal Son Of Shri Omprakash, Aged About 25 Years, Resident Of Ambedkar Nagar, Police
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Criminal Misc. 4th Suspension Of Sentence Application No.
2219/2025
CNR: RJHC020305752025 | URN: SOSA / 4281U / 2025
in D. B. Criminal Appeal No. 98/2022
Dinesh Beniwal Son Of Shri Omprakash, Aged About 25 Years, Resident Of Ambedkar Nagar, Police Station Manoharpura, District Jaipur (Rajasthan) (Accused Appellant Is Confined In Central Jail, Jaipur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s)
:
Mr. Girish Khandelwal.
For Respondent(s)
:
Mr. Rishi Raj Singh Rathore, Deputy
Government Advocate.
Mr. Khizer Iqbal Khan.
HON'BLE MR. JUSTICE INDERJEET SINGH
HON'BLE MR. JUSTICE SAMEER JAIN
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Order
17/08/2026
1. This suspension of sentence application has been filed by the accused-applicant along with the appeal.
2. 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 Sections 376(2)(i) and 376(2)(n) of IPC.
3. 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 solemnized the marriage
(2 of 3) [SOSA-2219/2025] with the victim on 15.03.2023 and the registration certificate has also been placed on record. Counsel further submits that the accused-applicant filed an SLP before the Hon’ble Supreme Court in which liberty was granted by the Hon’ble Supreme Court vide order dated 16.07.2024 passed in Petition(s) for Special Leave to Appeal (Crl) No. 5300/2024 for filing fresh application for suspension of sentence before this Court. Counsel further submits that 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.
4. Learned Deputy Advocate General assisted by counsel for the complainant opposed the application for suspension of sentence.
5. Victim is present along with her counsel in the Court. She has admitted the fact of solemnizing the marriage with the accused-applicant. We have also interacted with the victim. She has stated before us that she is happily married.
6. We have heard counsel for the parties and perused the record.
7. Considering the facts and circumstances of the present case, and also considering the order dated 16.07.2024 passed by Hon’ble Supreme Court and also considering the fact of solemnization of marriage on 15.03.2023 and also considering the wish of the victim and also considering the fact that the accused- applicant has served the sentence for a period of more than five years and also considering the fact that hearing/disposal of appeal
(3 of 3) [SOSA-2219/2025] may take long time, we deem it just and proper to allow this criminal miscellaneous suspension of sentence application.
8. 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 accused-applicant 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 15.09.2026 and thereafter as and when called upon to do so.
9. Liberty is granted to the victim to file application for cancellation of suspension of sentence of the accused-applicant in case the accused-applicant refuse to reside with her.
10. Office is directed to send a copy of this order to the concerned trial Court through e-mail/fax for necessary compliance. (SAMEER JAIN),J (INDERJEET SINGH),J 1/TUSHAR