Citation : 2025 Latest Caselaw 16732 Raj
Judgement Date : 4 December, 2025
[2025:RJ-JD:52420-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR.
D.B. Criminal Misc. Temporary Suspension Of Sentence
Application (Appeal) No. 2158/2025
Gopal @ Ramgopal S/o Gangaram, Aged About 31 Years, R/o
Village Sadu Chhoti, Police Station Sandwa, District Churu
(Presently Lodged At Central Jail, Bikaner)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Navneet Poonia.
For Respondent(s) : Mr. Shrawan Singh Rathore, PP
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
HON'BLE MR. JUSTICE ANAND SHARMA
Order
04/12/2025
1. The present interim suspension of sentence application has
been filed by the applicant under section 430 of the Bhartiya
Nagrik Suraksha Sanhita (389 of Cr.PC) seeking interim
suspension of sentence awarded to him by learned Additional
Sessions Judge, Sujangarh District Churu (hereinafter referred to
as 'trial Court') vide order dated 30.08.2024 passed in Session
Case No.9/2009.
2. Learned counsel for the applicant submits that the mother of
the applicant is suffering from some problem in her Spinal Cord
M L4 or L5 M and therefore, she needs to be treated at a higher
center. It is contended that there is nobody in the family except
the applicant to take care of well being of his mother. He,
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[2025:RJ-JD:52420-DB] (2 of 3) [SOSA-2158/2025]
therefore, prays that the sentence awarded to the applicant may
be suspended for a period of 30 days.
3. Learned Public Prosecutor has got verification of the
statement made by learned counsel for the applicant regarding
illness of his mother. In this regard, a report dated 25.11.2025
received from the investigating agency verifying the fact regarding
ailment of applicant's mother has also been produced before us.
The same is taken on record.
4. Having heard learned counsel for the parties, we are of the
view that the presence of the applicant is necessary for taking
care and treatment of his ailing mother.
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 30.08.2024 passed in Session Case No.9/2009
against the applicant -Gopal @ Ramgopal S/o Gangaram shall
remain temporarily suspended for a period of 30 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)
each to the satisfaction of the concerned Jail Superintendent on
usual conditions. He shall surrender back before the concerned Jail
Superintendent after completion of 30 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 06.01.2026, and on that date, learned Public
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[2025:RJ-JD:52420-DB] (3 of 3) [SOSA-2158/2025]
Prosecutor and learned counsel for the petitioner shall submit the
compliance of this order.
(ANAND SHARMA),J (VINIT KUMAR MATHUR),J
60-AnilSingh/-
(Uploaded on 04/12/2025 at 04:49:00 PM)
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