Dileep vs State Of Rajasthan (2024:Rj-Jd:24932)
2024 Latest Caselaw 4935 Raj

Rajasthan High Court - Jodhpur

Dileep vs State Of Rajasthan (2024:Rj-Jd:24932) on 30 May, 2024

Author: Manoj Kumar Garg

Bench: Manoj Kumar Garg

[2024:RJ-JD:24932]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                         JODHPUR
 S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
                               No. 734/2024

Dileep S/o Prabhulal, Aged About 25 Years, R/o Gumanpura Fala
Kabiti, P.s. Sadar, Dist. Dungarpur, Raj. (At Present Lodged At
Dist. Jail, Dungarpur)
                                                                    ----Petitioner
                                    Versus
1.        State Of Rajasthan, Through Pp
2.        Anil S/o Shantilal Roat, R/o Selaj, P.s. Chorasi, Dist.
          Dungarpur, Rajasthan.
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Vikram Singh
For Respondent(s)         :     Mr. Mukesh Trivedi, PP



           HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

30/05/2024 The instant application for temporary suspension of sentence

under Section 389 Cr.P.C. has been filed by the petitioner on the

ground of the death of his uncle (father's brother).

The allegations against the petitioner are of offences

punishable under Sections 363, 366, 344, 376(2) & 376(3) of IPC

and Section 5/6 of POCSO Act.

Learned counsel for the petitioner submits that uncle of the

petitioner passed away on 26.05.2024 and his presence is very

much necessary. In these circumstances, the sentence of the

petitioner may kindly be suspended temporarily.

Learned Public Prosecutor opposed the prayer for temporary

bail.

[2024:RJ-JD:24932] (2 of 3) [SOSA-734/2024]

I heard learned counsel for the petitioner as well as learned

Public Prosecutor and perused the material available on record.

Having regard to overall facts and circumstances of the case

and keeping in view the fact that uncle of the petitioner passed

away on 26.05.2024, therefore, I deem it just and proper to

release the petitioner on interim bail for a period of fifteen (15)

days.

Accordingly, the application for temporary suspension of

sentence filed under Section 389 Cr.P.C. is allowed and it is

ordered that the sentences passed by the learned Special Judge,

POCSO Act Cases and Commission for Protection of Child Rights

Act, Dungarpur, vide judgment dated 18.08.2022 in Sessions Case

No.04/2022 against the petitioner - Dileep S/o Prabhulal shall

remain temporarily suspended and he shall be released on

temporary bail for a period of fifteen (15) days from the date of

his actual release, subject to the condition that he shall deposit a

demand draft of Rs.2,50,000/- of a Nationalized Bank executed in

favour of the trial court and also 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/- (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 fifteen (15) days. It is

made clear that if the petitioner surrenders within the stipulated

period then the demand draft of Rs.2,50,000/- will be returned to

him. In case, the petitioner fails to surrender before the concerned

Jail after period of interim bail, the demand draft so deposited by

the petitioner shall be forfeited.

[2024:RJ-JD:24932] (3 of 3) [SOSA-734/2024]

Let this criminal bail be listed on 08.07.2024, on which date,

learned Public Prosecutor shall be required to submit the

compliance of the order whether petitioner has surrendered or

not.

(MANOJ KUMAR GARG),J 151-GKaviya/-

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