Rajasthan High Court - Jodhpur
Ravindra Vishnoi @ Ravi vs State Of Rajasthan (2025:Rj-Jd:547) on 6 January, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:547]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 37/2025
Ravindra Vishnoi @ Ravi S/o Late Shri Ramniwas, Aged About 25
Years, R/o Taalriya Baas, Raasisar, Police Station Nokha, Dist.
Bikaner (Raj.) (Lodged In Central Jail, Bikaner)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Kalu Ram Bhati
For Respondent(s) : Mr. Narendra Gehlot, PP with
Mr. OP Choudhary
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
06/01/2025
Heard learned counsel for the appellant and learned Public
Prosecutor on application for temporary suspension of sentence.
The instant application for temporary suspension of sentence
has been moved on behalf of the appellant who is in custody in
the case at hand. The temporary bail has been moved on the
ground that the appellant's grandmother has expired on
02.01.2025 and the presence of the appellant is required to
perform the last rites of his grandmother. Therefore, the sentence
of the appellant may be temporarily suspended and he may be
released on bail for a period of 20 days. Along with the
application, a copy of verification report given by Sarpanch, Gram
Panchayat Rasisar Purohitan Bas, Panchayat Samiti Panchu, Tehsil
Nokha, District Bikaner is also filed.
[2025:RJ-JD:547] (2 of 3) [SOSA-37/2025]
Counsel for the appellant assures this Court that the
appellant shall positively surrender in the concerned Jail on the
date given by the concerned Superintendent for surrender.
Learned Public Prosecutor has opposed the application.
In view of the assurance given by the counsel for the
appellant and taking into consideration the fact that the
appellant's grandmother has expired on 02.01.2025, this Court is
of the opinion that the sentence awarded to the appellant can be
temporarily suspended and he deserves to be enlarged on bail for
a period of fifteen days from the date of his release for performing
the last rites of his grandmother.
Consequently, the application for temporary suspension of
sentence filed under Section 389 Cr.P.C. is allowed and it is
ordered that the sentence passed by the learned Session Judge,
POCSO Act, Bikaner, vide judgment dated 01.02.2024 in Session
Case No.34/2020 against the appellant-applicant Ravindra Vishnoi
@ Ravi S/o Late Shri Ramniwas, shall remain temporarily
suspended and he shall be released on bail for a period of fifteen
days from the date of his release subject to the condition that he
shall deposit a sum of Rs.1,00,000/- before the trial court and
provided he executes a personal bond in the sum of Rs.4,00,000/-
with two sureties of Rs.2,00,000/- each to the satisfaction of the
learned trial court. The concerned Superintendent of Jail shall give
the date of surrender to the appellant as per the date on which he
is released from custody.
If the appellant surrenders within the stipulated period
before the concerned Jail, then the amount of Rs.1,00,000/- so
deposited shall be refunded back to him and if the appellant fails
[2025:RJ-JD:547] (3 of 3) [SOSA-37/2025]
to surrender within the stipulated period, then the amount so
deposited shall be forfeited immediately.
Let this application for temporary suspension of sentence be
again listed on 03.02.2025, and on that date, learned Public
Prosecutor and learned counsel for the appellant shall be required
to submit the compliance of this order.
(MANOJ KUMAR GARG),J
147-MS/-
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