Citation : 2022 Latest Caselaw 12270 Raj
Judgement Date : 13 October, 2022
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc III Suspension Of Sentence Application
(Appeal) No. 673/2022
Vijay Kumar S/o Shri Rajendra Kumar, Aged About 32 Years, B/c
Jat, Ward No 2, Lalgarh Jatan , Distt. Sri Ganganagar (At Present
Lodged In Central Jail Sriganganagar)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Kalu Ram Bhati
For Respondent(s) : Mr. Mohd. Javed Gauri, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
13/10/2022
Learned counsel for the appellant submits that this third
application has been moved primarily on medical grounds with the
averments that the appellant herein is suffering from AIDS and
proper treatment cannot be provided to the appellant, while he is
lodged in prison, thus the appellant may be released on bail.
Learned counsel for the appellant has referred to the
judgment rendered by Hon'ble Apex Court in the matter of
Bhawani Singh Vs. State of Rajasthan (Special Leave to
Appeal No.2225/2022), decided on 11.04.2022.
Learned counsel for the petitioner has also referred to the
judgment rendered by Division Bench of this Hon'ble Court in the
matter of Pramod Kumar Vs. State of Rajasthan (D.B.
Criminal Misc. II Suspension of Sentence Application
No.196/2021), decided on 21.07.2022.
(Downloaded on 15/10/2022 at 08:46:55 PM)
(2 of 2) [SOSA-673/2022]
Learned Public Prosecutor opposes the application on the
ground that the basic allegation is of sexual perversion and also it
is not in the interest of the society to release the appellant on bail.
In view of above, this Court is not inclined to grant the
criminal misc. third suspension of sentence application of the
appellant, thus, the same is dismissed.
(DR.PUSHPENDRA SINGH BHATI), J.
171-Sudheer/-
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