Ramesh Prajapat vs State Of Rajasthan ...
2025 Latest Caselaw 16688 Raj

Rajasthan High Court - Jodhpur

Ramesh Prajapat vs State Of Rajasthan ... on 3 December, 2025

Bench: Vinit Kumar Mathur, Anand Sharma

[2025:RJ-JD:52130-DB]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
      D.B. Criminal Misc. Temporary Suspension Of Sentence
                 Application (Appeal) No. 2253/2025

Ramesh Kumar S/o Shri Joga Ram, Aged About 35 Years, R/o
Village Baghavas, P.S. Mandli, District Barmer, Raj.
(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 MR. JUSTICE VINIT KUMAR MATHUR

HON'BLE MR. JUSTICE ANAND SHARMA

Order

03/12/2025

1. The present temporary suspension of sentence application

has been filed by the applicant under section 430 BNSS (389 of

Cr.P.C.) seeking temporary suspension of sentence awarded to him

by learned Special Judge, POCSO Act Cases, Barmer (hereinafter

referred to as 'trial Court') vide order dated 05.04.2022 passed in

Session Case No. 52/2020, for attending the marriage ceremonies

of his nephew.

2. Learned counsel for the applicant submits that to attend the

marriage ceremonies from the maternal side, the presence of the

applicant is mandatory. He, therefore, prays that the sentence

awarded to the applicant may be temporarily suspended for a

period of seven days.

(Uploaded on 03/12/2025 at 04:03:54 PM)

[2025:RJ-JD:52130-DB] (2 of 2) [SOSA-2253/2025]

3. Learned Public Prosecutor has verified the factum of

marriage of the applicant's nephew.

4. We have considered the submissions made at the bar and

have gone through the relevant record of the case.

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 05.04.2022 passed in Session Case No.52/2020

against the applicant -Ramesh Kumar S/o Shri Joga Ram shall

remain temporarily suspended for a period of 7 days from the date

of his actual release provided he executes a personal bond in the

sum of Rs.1,00,000/- (Rupees One Lakh Only) with two sureties in

the sum of Rs.50,000/-(Rupees Fifty Thousand Only) out of which

one surety will be of his close relative, each to the satisfaction of

the concerned Jail Superintendent on usual conditions. He shall

surrender back before the concerned Jail Superintendent after

completion of 7 days from the date of his actual release. The

concerned Jail Superintendent shall give a date of his surrender.

6. Let this application seeking interim suspension of sentence be

again listed on 17.12.2025, and on that date, learned Public

Prosecutor and learned counsel for the petitioner shall submit the

compliance of this order.

                                   (ANAND SHARMA),J                                   (VINIT KUMAR MATHUR),J

                                    139-Shahenshah/-




                                                            (Uploaded on 03/12/2025 at 04:03:54 PM)




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