Rajasthan High Court - Jodhpur
Kamlesh vs State Of Rajasthan ... on 15 April, 2025
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
[2025:RJ-JD:18559-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 624/2025
Kamlesh S/o Shri Kaluram, Aged About 35 Years, R/o Chadon Ka
Dhana Bagadiya P.s. Rohat District Pali (Presently Lodged In
Central Jail Jodhpur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Kalu Ram Bhati.
For Respondent(s) : Mr. C.S. Ojha, PP.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
HON'BLE MR. JUSTICE SANDEEP SHAH
Order
15/04/2025
1. The instant criminal misc. interim suspension of sentence
application (appeal) under Section 389 Cr.P.C. (430 B.N.S.S.) has
been filed on behalf of the applicant-appellant with a prayer that
his sentence awarded by the learned Sessions Judge Pali
(hereinafter to be referred as 'the trial court') vide order dated
06.12.2023 passed in Sessions Case No.164/2016 may
temporarily be suspended to enable his attendance at the
matrimonial ceremony of his brother Madhu scheduled to be
solemnized on 16.04.2024.
2. Learned counsel for the applicant-appellant submits that the
applicant-appellant was previously granted interim bail from
03.03.2025 to 17.03.2025 for a period of 15 days by this Hon'ble
Court vide order dated 21.02.2025 passed in D.B. Criminal Misc.
[2025:RJ-JD:18559-DB] (2 of 3) [SOSA-624/2025]
Suspension of Sentence Application (Appeal) No.210/2025 and
abided by all the conditions. Although, the said order passed in
favour of the applicant-appellant for a different reason to facilitate
the treatment of his mother. The order dated 21.02.2025 reads as
follows:
"The interim Suspension of Sentence Application
has been moved by the convict-applicant seeking
thirty days' interim bail so as to get his mother
treated.
2. The report dated 7th February 2025 has been
brought on record.
3. Though, in this report it is stated that there are
several other family members who can take care of the
treatment of Smt. Geeta Devi, we are inclined to allow
this interim Suspension of Sentence Application for two
weeks on the convict-applicant furnishing personal
bond in the sum of Rs.50,000/- and two sureties in the
sum of Rs.25,000/- each. The present convict-
applicant shall also file an undertaking that he shall
report to the concerned Jail Authorities on fifteenth
day from the day of his actual release and he shall also
produce the medical certificates of his mother
regarding the treatment given to her.
4. The present Criminal Misc. Interim Suspension of
Sentence Application (Appeal) No. 210 of 2025 is
allowed in the aforesaid terms."
3. Learned Public Prosecutor has submitted a report dated
04.04.2025 confirming the aforementioned facts. The report
further indicates that father of the applicant-appellant is no more
and the applicant-appellant, being the eldest in the family, bears
significant responsibilities. The said report is taken on record.
4. Heard learned counsel for the parties on interim suspension
of sentence application and perused the material available on
record.
5. Having considered the facts submitted including the fact of
previous interim suspension of sentence, the conditions of that
[2025:RJ-JD:18559-DB] (3 of 3) [SOSA-624/2025]
such interim suspension of sentence having been abided by the
applicant-appellant and the fact that the father of the applicant-
appellant has already expired and he is the eldest, this Court
deems it appropriate to temporarily suspend the substantive
sentence awarded to the accused applicant-appellant.
6. Accordingly, this interim suspension of sentence application
filed under Section 389 Cr.P.C. (430 BNSS) is allowed and it is
ordered that the sentence passed by the learned Sessions Judge,
Pali vide judgment dated 06.12.2023 in Sessions Case
No.164/2016 against applicant-appellant - Kamlesh S/o Shri
Kaluram shall remain suspended for period of 5 days from the
date of his actual release and he shall be released on temporary
bail for the said period provided he executes a personal bond in
the sum of Rs.1,00,000/- with two solvent sureties of Rs.50,000/-
each to the satisfaction of the learned trial Judge with the
incorporation that he would surrender before the concerned jail
authority after completion of his period of temporary suspension
of sentence.
7. It is made clear that in any case the applicant-appellant shall
surrender himself before the concerned jail authority after
completion of his period of temporary suspension of sentence from
the date of his actual release, failing which, the trial court shall
report the matter to this Court.
(SANDEEP SHAH),J (DR.PUSHPENDRA SINGH BHATI),J
136-Zeeshan
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