ITEM NO.10 COURT NO.6 SECTION II-A S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Criminal Appeal No(s).318/2019
GOLA RAJWAR @ LAL MUNI RAJWAR Appellant(s)
VERSUS
STATE OF BIHAR Respondent(s)
(IA No. 8592/2023 – SUSPENSION OF SENTENCE)
Date : 30-01-2023 This matter was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE DINESH MAHESHWARI
HON’BLE MR. JUSTICE HRISHIKESH ROY
For Appellant(s) Mr. Uday Gupta, Adv.
Ms. Shivani M. Lal, Adv.
Ms. Sanam Singh, Adv.
Mr. M.K. Tripathi, Adv.
Mr. Harish Dasan, Adv.
Mr. Rajiv Ranjan, Adv.
Mr. Rajeev Kumar Gupta, Adv.
Mr. Hiren Dasan, AOR
For Respondent(s) Mr. Samir Ali Khan, AOR

UPON hearing the counsel the Court made the following
O R D E R
The appellant of this case, having been convicted of the offences under Section 302 of the Indian Penal Code and Section 27 of the Arms Act and having been awarded the punishment, inter alia , of imprisonment for life, has moved this second application seeking suspension of further execution of sentence.
It is submitted that appellant is in custody since 16.05.2009 and when consideration of the appeal is likely to take time,further detention of the appellant for the purpose of serving the sentence in the present case may operate prejudicial to his 1interest.
Learned counsel for the respondent-State has opposed the application, particularly with reference to the findings of the Trial Court and of the High Court and also with reference to the testimony of the eye-witnesses (PW2 and PW6).
We are not making any comments on the merits of the case either way but, having regard to the totality of the circumstances and when nothing adverse as regards jail conduct of the appellant has been indicated, we deem it appropriate to suspend further execution of the substantive sentence awarded to the appellant until disposal of this appeal.
Accordingly, this application (I.A. No.8592 of 2023) is allowed and further execution of the sentence awarded to the appellant is ordered to remain suspended. He may be released on bail on such terms and conditions as may be imposed by the Trial Court.
(ARJUN BISHT) (RENU BALA GAMBHIR)
COURT MASTER (SH) COURT MASTER (NSH) 2