Rajasthan High Court - Jodhpur
Kareem vs State Of Rajasthan (2025:Rj-Jd:9783) on 18 February, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:9783]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 312/2025
Kareem S/o Raish, Aged About 24 Years, R/o Sarada Risala
Mohalla, Ps Sarada, Dist Udaipur.
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Tosif Akhtar S/o Akhtar Beg Mirja, R/o Paltan Mohalla
Tehsil Sarada Dist. Udaipur
----Respondents
For Petitioner(s) : Mr. Nikhil Dungawat
For Respondent(s) : Mr. K.S. Kumpawat, assistant to Mr.
Deepak Chowdhary, GA-cum-AAG
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
18/02/2025
The instant application for temporary suspension of sentence
under Section 397 Cr.P.C. has been filed by the petitioner on the
ground of his brother's marriage.
The allegation against the petitioner is of offence punishable
under Sections 376(2)(n) & 376(3) of IPC and Section 6 of POCSO
Act.
Learned counsel for the petitioner submits that the marriage
of petitioner's brother is going to be solmenized on 23.02.2025
and presence of petitioner is very much essential during marriage
rituals. In these circumstances, the sentence of the petitioner may
kindly be temporarily suspended for a period of one month.
Learned Addl. G.A. has verified the fact regarding marriage
of petitioner.
[2025:RJ-JD:9783] (2 of 3) [SOSA-312/2025]
I have heard learned counsel for the parties and perused the
material available on record.
Having regard to overall facts and circumstances of the case
and keeping in view the fact that marriage of petitioner's brother
is going to be solemnized on 23.02.2025, therefore, I deem it just
and proper to release the petitioner on temporary bail for a period
of 10 days.
Accordingly, the application for temporary suspension of
sentence filed under Section 397 Cr.P.C. is allowed and it is
ordered that the sentences passed by the learned Special Judge
(POCSO Act and Commission for Protection of Child Rights Act)
No.2, Udaipur vide judgment dated 05.03.2024 in Special
Sessions Case No.05/2023 against the petitioner - Kareem S/o
Raish shall remain temporarily suspended and he shall be released
on temporary bail for a period of 10 days, subject to the condition
that he shall deposit a demand draft of Rs.1,00,000/- of a
Nationalized Bank executed in favour of the trial court and also
furnish a personal bond in a sum of Rs.2,00,000/- with two sound
and solvent sureties in the sum of Rs.1,00,000/- (out of which one
surety will be a close relative of the petitioner) each to the
satisfaction of learned trial court for his surrender on completion
of period of interim bail. It is made clear that if the petitioner
surrenders within the stipulated period then the demand draft of
Rs.1,00,000/- will be returned to him. In case, the petitioner fails
to surrender before the concerned Jail after period of interim bail,
the demand draft so deposited by the petitioner shall be forfeited.
[2025:RJ-JD:9783] (3 of 3) [SOSA-312/2025]
Let this criminal bail be listed on 05.03.2025, on which date,
learned Public Prosecutor shall be required to submit the
compliance of the order whether petitioner has surrendered or
not.
(MANOJ KUMAR GARG),J
211-Rashi/-
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