Rajasthan High Court - Jodhpur
Govind Ram vs State Of Rajasthan ... on 18 September, 2025
Bench: Manoj Kumar Garg, Praveer Bhatnagar
[2025:RJ-JD:41838-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc. Interim Suspension Of Sentence Application
(Appeal) No. 1790/2024
Govind Ram S/o Sh. Babu Lal, Aged About 36 Years, R/o Dhana,
Police Station Takhatgarh, District Pali, Rajasthan. (At Present
Lodged In Central Jail, Jodhpur)
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Indramal S/o Sh. Kapoor Ji, R/o Dhola, At Present Dhana,
Police Station Takhatgarh, District Pali, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Sikander Khan
For Respondent(s) : Mr. Vikram Singh Rajpurohit, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR (Through Video Conferencing) Order 18/09/2025 Learned counsel for the appellant-applicant wants to withdraw the second suspension of sentence application but further prays that the appellant-applicant is HIV positive and is under treatment in the Central Jail, Jodhpur. Counsel further submits that the appellant-applicant is not maintaining good health, therefore, it is prayed that the present 2 nd suspension of sentence application may be treated as interim suspension of sentence application and the sentence of appellant-applicant may temporarily be suspended for a period of thirty days.
(Uploaded on 20/09/2025 at 01:04:57 PM) (Downloaded on 22/09/2025 at 09:53:25 PM) [2025:RJ-JD:41838-DB] (2 of 3) [SOSA-1790/2024] Learned Public Prosecutor has opposed the prayer made by counsel for the appellant-applicant.
We have heard learned counsel for the appellant-applicant as well as learned Public Prosecutor and learned counsel for the complainant and perused the material available on record.
Having regard to overall facts and circumstances of the case and keeping in view the fact that the appellant-applicant is HIV positive, therefore, we deem it just and proper to release the appellant-applicant on interim bail for a period of thirty (30) days.
Accordingly, the application for temporary suspension of sentence filed under Section 430 B.N.S.S./389 Cr.P.C. is allowed and it is ordered that the sentences passed by the learned Special Judge, (Protection of Children from Sexual Offences) Act and Commission for Protection of Child Rights, No.3, Pali vide judgment dated 30.04.2022 in Sessions Case No.18/2021 against the appellant-applicant - Govind Ram S/o Sh. Babu Lal shall remain temporarily suspended and he shall be released on temporary bail for a period of thirty (30) days from the date of his actual release, subject to the condition that he shall deposit a demand draft of Rs.50,000/- of a Nationalized Bank executed in favour of the trial court and also furnish a personal bond in a sum of Rs.2,00,000/- with two sound and solvent sureties in the sum of Rs.1,00,000/- (out of which one surety will be a close relative of the petitioner) each to the satisfaction of learned trial court for his surrender on completion of period of interim bail. It is made clear that if the petitioner surrenders within the stipulated period then the demand draft of Rs.50,000/- will be returned to him. In (Uploaded on 20/09/2025 at 01:04:57 PM) (Downloaded on 22/09/2025 at 09:53:25 PM) [2025:RJ-JD:41838-DB] (3 of 3) [SOSA-1790/2024] case, the appellant-applicant fails to surrender before the concerned Jail after period of interim bail, the demand draft so deposited by the appellant-applicant shall be forfeited.
Let this criminal bail be listed on 30.10.2025, on which date, learned Public Prosecutor shall be required to submit the compliance of the order whether appellant-applicant has surrendered or not.
(PRAVEER BHATNAGAR),J (MANOJ KUMAR GARG),J 1-Rashi/-
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