Citation : 2025 Latest Caselaw 12245 Raj
Judgement Date : 25 April, 2025
[2025:RJ-JD:20213]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 752/2025
Sohan Singh @ Sonu S/o Laxman Singh, Aged About 35 Years,
R/o Village Kalu, Tehsil Lunkaransar, Dist. Bikaner. (Presently
Lodged In Open Air Camp, Bikaner).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Ganpat Lal Prajapat
For Respondent(s) : Mr. Vikram Rajpurohit, DyGA
HON'BLE MR. JUSTICE FARJAND ALI
Order
25/04/2025
1. The instant application under Section 389 CrPC seeking
temporary suspension of sentence has been preferred on behalf of
the appellants-applicant, who has been convicted by the learned
Additional Sessions Judge No.3, Bikaner vide judgment dated
20.02.2021 passed in Sessions Case No.40/2012 for the offences
under Sections 304 Part I and 323 of the IPC and sentenced to
undergo rigorous imprisonment of 10 years and simple
imprisonment of 1 year for the said offences alongwith fine and
default sentences.
2. Learned counsel for the appellant-applicant submits that the
appellant is a student of M.A. Final Year in subject Political Science
at Maharaja Ganga Singh University, Bikaner. The examination for
the said course are schedule to commence from 23.04.2025 and
would complete on 17.05.2025. Therefore, it is prayed that the
appellant may be released on bail by temporarily suspending his
sentence so that he can attend his examinations.
[2025:RJ-JD:20213] (2 of 2) [SOSA-752/2025]
3. Learned Public Prosecutor has opposed the prayer for
temporary bail.
4. I have heard the learned counsel for the appellant-applicant
and the learned 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.
6. Accordingly, this 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 Additional
Sessions Judge, No.3, Bikaner vide judgment dated 20.02.2021 in
Sessions Case No.40/2012 (CIS No.510/2014) against the
appellant-applicant Sohan Singh @ Sonu S/o Shri Laxman Singh,
shall remain suspended for a period of 30 days and he shall be
released on temporary bail provided he executes a personal bond
in the sum of Rs.1,00,000/- with two sound and solvent sureties
of Rs.50,000/- each to the satisfaction of the Superintendent,
Central Jail, Bikaner. The order shall be effective from the date of
the applicant's release from custody. The appellant shall surrender
back before the Superintendent, Central Jail, Bikaner in the
morning of the next day of completion of temporary bail.
(FARJAND ALI),J 102-Pramod/-
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