Mayank vs State Of Rajasthan (2025:Rj-Jd:18374)
2025 Latest Caselaw 11262 Raj

Rajasthan High Court - Jodhpur

Mayank vs State Of Rajasthan (2025:Rj-Jd:18374) on 8 April, 2025

Author: Farjand Ali

Bench: Farjand Ali

[2025:RJ-JD:18374]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                         JODHPUR
     S.B. Criminal Misc Interim Suspension Of Sentence Application
                         (Appeal) No. 633/2025

Mayank S/o Shri Rajendra, Aged About 30 Years, R/o House No.
2/99, R.h.b. Colony, Police Statin Goverdhanvilas, Dist. Udaipur.
(At Present Lodged In Central Jail, Udaipur)
                                                                     ----Petitioner
                                      Versus
State Of Rajasthan, Through Pp
                                                                   ----Respondent


For Petitioner(s)          :     Mr. Firoz Khan
For Respondent(s)          :     Mr. VS Rajpurohit, Dy.G.A.



                HON'BLE MR. JUSTICE FARJAND ALI

Order

08/04/2025

1. The instant application under Section 389 CrPC seeking

temporary suspension of sentence has been preferred on behalf of

the appellants-applicant in the matter of judgment dated

19.07.2024 passed by the learned Special Judge, Protection of

Children from Sexual Offences No.2, Udaipur in Sessions Case

No.90/2023 whereby they were convicted and sentenced to suffer

maximum imprisonment of twenty years of RI under Sections

5(L0/6 of POCSO Act along with a fine of Rs.1,00,000/-and lesser

punishment for the other offences under Sections 323, 376(2)(n)

of IPC and 67-B of IT Act, 13/14 and 15 of POCSO Act.

2. Learned counsel for the appellant-applicant submits that The

marriage of the appellant's father has met an accident due to

which he received serious injuries on his vital part of the body and

he is still admitted in hospital and his condition is not well and till

[2025:RJ-JD:18374] (2 of 2) [SOSA-633/2025]

now he is unconscious condition. The appellant is only son in the

family. Therefore, it is prayed that the appellant may be released

on bail by temporarily suspending his sentence.

3. Learned Special Public Prosecutor has opposed the prayer for

temporary bail.

4. I have heard the learned counsel for the appellant-applicant

and the learned Special Public Prosecutor and gone through the

material available on record.

5. Considering the submissions advanced by the learned

counsel for the appellant-applicant and taking a humanitarian view

of the matter, this court is inclined to grant temporary bail of 30

days to the appellant-applicant.

4. Accordingly, the instant application for temporary suspension

of sentence is allowed. The sentence awarded to appellant-

applicant Mayank S/o Shri Rajendra by learned Special Judge,

Protection of Children from Sexual Offences No.2, Udaipur in

Sessions Case No.90/2023 vide judgment dated 19.07.2024 shall

remain suspended for a period of 30 days from the date of his

actual release upon his furnishing a personal bond in the sum of

Rs.50,000/- and two sound and solvent sureties of Rs.25,000/-

each to the satisfaction of the trial court. The appellant-applicant

shall surrender before the concerned authority of the Central Jail,

Udaipur in the morning of the next day of completion of the period

of temporary bail.

(FARJAND ALI),J 122-divya/-

Powered by TCPDF (www.tcpdf.org)