Prahlad vs State Of Rajasthan (2024:Rj-Jd:10021)
2024 Latest Caselaw 1917 Raj

Rajasthan High Court - Jodhpur

Prahlad vs State Of Rajasthan (2024:Rj-Jd:10021) on 27 February, 2024

Author: Manoj Kumar Garg

Bench: Manoj Kumar Garg

[2024:RJ-JD:10021]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
 S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
                         No. 285/2024

Prahlad S/o Pyara Keer, Aged About 27 Years, R/o Juna Keer
Khera, Kapasan P.s., Dist. Chittorgarh. (Presently Lodged In Dist.
Jail Chittorgarh).
                                                                    ----Petitioner
                                    Versus
1.       State Of Rajasthan, Through Pp
2.       Smt. Chandani Bai W/o Bhanwar Lal, R/o Juna Keer
         Khera, Kapasan P.s., Dist. Chittorgarh.
                                                                 ----Respondents


For Petitioner(s)         :     Mr. S.S. Shaktawat
                                Mr. BPS Inda
For Respondent(s)         :     Mr. Mukesh Trivedi, PP


          HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

27/02/2024

The instant interim suspension of sentence application has

been filed by the applicant with a prayer to release him on interim

bail for a period of one month on the ground of death of the father

of the appellant.

Counsel for the appellant submits that the father of the

appellant viz. Pyara Keer has expired on 18.02.2024 and for

performing his last rites, the presence of the appellant is very

much essential. Therefore, it is prayed in the application that the

appellant may be released on interim bail for a period of one

month.

Learned Public Prosecutor verified the fact of death of father

of the appellant but has opposed the prayer made by the counsel

for the appellant.

Having regard to the overall facts and circumstances of the

case particularly, keeping in view the fact that the father of the

[2024:RJ-JD:10021] (2 of 2) [SOSA-285/2024]

appellant has expired on 18.02.2024 and the presence of the

appellant is very much essential for performing last rites of his

father, therefore, this application for interim suspension of

sentence is partly allowed and it is directed that sentence of the

appellant awarded by the Special Judge, POCSO Act Cases No.1,

Chittorgarh, in Sessions Case No.72/2022 vide judgment dated

01.07.2023 shall remain suspended temporarily and the appellant

Prahlad S/o Pyara Keer, shall be released on interim bail for a

period of fifteen days from the date of his actual release, subject

to the condition that he shall deposit an amount of Rs.1,00,000/-

before the trial court and provided he furnishes a personal bond in

a sum of Rs.4,00,000/- with two sound and solvent sureties in the

sum of Rs.2,00,000/- each to the satisfaction of learned trial court

for his surrender on completion of fifteen days' period. One surety

should be furnished by a close relative of appellant.

In any case, the appellant shall surrender himself before the

concerned jail authorities after completion of fifteen days' interim

bail from the date of his actual release. If the appellant surrenders

before the concerned jail authorities as directed above, the trial

court shall return the demand draft of Rs.1,00,000/-, if so

deposited with the trial court.

Let this interim application for suspension of sentence be

again listed on 14.03.2024 and on that date, learned Public

Prosecutor and learned counsel for the appellant shall be required

to submit the compliance of this order.

(MANOJ KUMAR GARG),J 211-Ishan/-

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