Rajasthan High Court - Jodhpur
Mukesh vs State Of Rajasthan ... on 21 August, 2025
Author: Dinesh Mehta
Bench: Dinesh Mehta
[2025:RJ-JD:37602-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Temporary Bail/Suspension Of Sentence
Application (Appeal) No. 1571/2025
In
D.B. Criminal Appeal No.140/2025
Mukesh S/o Kantilal, Aged About 23 Years, R/o Jethana Choki
Phala, Police Station Sagwara, District Dungarpur (Raj.).
(Presently Lodged In Central Jail, Udaipur)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. J.V.S. Deora
For Respondent(s) : Mr. C.S. Ojha, Public Prosecutor
HON'BLE MR. JUSTICE DINESH MEHTA
HON'BLE MRS. JUSTICE SANGEETA SHARMA
Order
21/08/2025
1. The present interim suspension of sentence application has
been filed by the applicant under section 430 of the Bhartiya
Nagrik Suraksha Sanhita (hereinafter referred to as 'BNSS') (Old
provision section 389 of the Code of Criminal Procedure) seeking
temporary suspension of sentence awarded to him by the learned
Additional Sessions Judge, Sagwara, District Dungarpur
(hereinafter referred to as 'trial Court') vide order dated
17.04.2025 passed in Session Case No.19/2022, with an assertion
that his father - Kantilal Nanoma has passed away on 12.08.2025.
2. Learned counsel for the applicant submitted that sentence of
the applicant be suspended for a month so that he can attend last
rites and other social ceremonies which are going to take place in
wake of his father's death.
[2025:RJ-JD:37602-DB] (2 of 3) [SOSA-1571/2025]
3. While accepting the factum of death of the applicant's father,
learned Public Prosecutor submitted that the applicant has two
more brothers who can very well take care of the last rites of his
father.
4. Having heard learned counsel for the parties, we are of the
view that since the applicant's father has passed away, he should
be given a reasonable time to meet his family members and take
part in the consolation.
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 17.04.2025 passed in Session Case No.19/2022
against the applicant - Mukesh S/o Kantilal shall remain
temporarily suspended for a period of 10 days, provided he
executes a personal bond in the sum of Rs.50,000/- and two
solvent sureties (out of which one should be his close family
relative) in the sum of Rs.25,000/- to the satisfaction of the
concerned Jail Authorities. While accepting the sureties, the Jail
Authorities shall not insist upon Solvent Certificate ( gSfl;r izek.k i=)
of the sureties.
6. The applicant shall have to surrender before the concerned
Jail Superintendent on or before completion of 10 days, which
shall be counted from the date of his actual release. In case, the
applicant fails to surrender before the Jail Authorities after
completion of period of 10 days, the Jail Authorities shall report
the matter to this Court.
[2025:RJ-JD:37602-DB] (3 of 3) [SOSA-1571/2025]
7. The present interim suspension of sentence application
stands disposed of.
(SANGEETA SHARMA),J (DINESH MEHTA),J
63-akansha/-
Powered by TCPDF (www.tcpdf.org)
