Khyali Lal @ Tinu vs State Of Rajasthan (2025:Rj-Jd:819)
2025 Latest Caselaw 3867 Raj

Rajasthan High Court - Jodhpur

Khyali Lal @ Tinu vs State Of Rajasthan (2025:Rj-Jd:819) on 7 January, 2025

Author: Manoj Kumar Garg

Bench: Manoj Kumar Garg

[2025:RJ-JD:819]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
 S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
                                No. 38/2025

Khyali Lal @ Tinu, S/o Moti Lal Bheel R/o Joshiyo Ki Madri Bheel
Basti Nathdwara Ps Nathdwara Dist. Rajsamand (Confined In
Dist. Jail Rajsamand)
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent


For Petitioner(s)         :     Mr. Kaushal Sharma
                                Ms. Rita Sharma
For Respondent(s)         :     Mr. Pawan Kumar Bhati, PP



          HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

07/01/2025

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 father has expired on 25.12.2024 and

the presence of the appellant is very much essential to perform

the last rites of his father. Therefore, the sentence of the appellant

may be temporarily suspended and he may be released on bail for

a period of two months. Along with the application, a copy of

death certificate of the appellant's father is also filed.

[2025:RJ-JD:819] (2 of 3) [SOSA-38/2025]

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 father has expired on 25.12.2024, 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 father.

Consequently, the application for temporary suspension of

sentence filed under Section 430 of BNSS is allowed and it is

ordered that the sentence passed by the learned Session Judge,

POCSO Act Cases, Rajsamand, vide judgment dated 25.01.2021 in

Sessions Case No.11/2019 against the appellant-applicant Khyali

Lal @ Tinu, S/o Moti Lal Bheel, 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:819] (3 of 3) [SOSA-38/2025]

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 10.02.2025, 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 157-MS/-

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