Citation : 2025 Latest Caselaw 11636 Raj
Judgement Date : 26 August, 2025
[2025:RJ-JD:37927-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc. Interim Suspension Of Sentence Application
(Appeal) No. 1567/2025
Kanaram S/o Shri Pusaram, Aged About 35 Years, R/o Dhunkar
Tehsil And Ps Bidasar Dist. Churu.
(At Present Lodged In Central Jail Bikaner)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Kalu Ram Bhati
For Respondent(s) : Mr. Rajesh Bhati, PP
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
HON'BLE MR. JUSTICE ANUROOP SINGHI
Order
26/08/2025
1. The present interim suspension of sentence application has
been filed by the applicant under section 389 Cr.P.C. seeking
temporary suspension of sentence awarded to him by the learned
Sessions Judge, Churu (hereinafter referred to as 'trial Court')
vide order dated 11.10.2023 passed in Session Case
No.219/2018, on account of fracture of his leg.
2. Learned counsel for the appellant submits that the sentence
of the appellant-applicant was temporarily suspended by a Co-
ordinate Bench of this Court on 12.05.2025 for a period of 90
days. He further submits that the appellant is suffering from
Guillain Barre Syndrome (hereinafter referred as "GBS") and while
the appellant was being treated, he had undergone a fracture of
his leg. In these circumstances, he prays that the appellant-
[2025:RJ-JD:37927-DB] (2 of 2) [SOSA-1567/2025]
applicant may be released on temporary bail for a period of 90
days from the date of his release.
3. Learned Public Prosecutor has verified the factum of the
appellant suffering from the GBS disease and has suffered a
fracture in the jail hospital.
4. Considering all the facts and circumstances of the present
case, this Court deems it appropriate to suspend sentence
awarded to the accused appellant temporarily for a period of 90
days.
5. In view of the aforesaid, the present application seeking
interim suspension of sentence is allowed and it is ordered that
the substantive sentence passed by the learned trial court vide
judgment dated 11.10.2023 passed in Session Case No.219/2018
against the appellant-applicant - Kanaram S/o Shri Pusaram
shall remain temporarily suspended for a period of 90 days,
provided he executes a personal bond in the sum of Rs.2,00,000/-
with two sureties in the sum of Rs.1,00,000/-, to the satisfaction
of the concerned Jail Authorities. Upon furnishing of the bond and
requisite sureties, he shall be released for a period of 90 days and
shall have to surrender before the concerned jail authorities after
completion of 90 days, failing which, the jail authorities shall
report the matter to this Court.
(ANUROOP SINGHI),J (VINIT KUMAR MATHUR),J 46-Payal/-
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