Citation : 2025 Latest Caselaw 8226 Raj
Judgement Date : 4 March, 2025
[2025:RJ-JD:12041]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 440/2025
Sonu @ Sandeep S/o Late Shri Indrajeet Singh, Aged About 35
Years, R/o House No. 2/217, Housing Board Hanumangarh,
Presently House No. 36, Nehra Nagar, Sriganganagar. (At Present
Lodged At Sriganganagar Jail)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Navneet Poonia
For Respondent(s) : Mr. Deepak Choudhary, AAG assisted
by Mr. KS Kumpawat
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
04/03/2025
Heard learned counsel for the appellant and learned AAG 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 03.03.2025 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 one month.
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.
[2025:RJ-JD:12041] (2 of 2) [SOSA-440/2025]
Learned AAG 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 03.03.2025, 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 twenty 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 Special Judge,
NDPS Cases, Sriganganagar, vide judgment dated 23.01.2025 in
Session Case No.36/2019 (CIS NO.36/2019) against the
appellant-applicant Sonu @ Sandeep S/o Late Shri Indrajeet
Singh, shall remain temporarily suspended and he shall be
released on bail for a period of twenty days from the date of his
release; provided he executes a personal bond in the sum of
Rs.2,00,000/- with two sureties of Rs.1,00,000/- 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.
Let this application for temporary suspension of sentence be
again listed on 21.04.2025, and on that date, learned AAG and
learned counsel for the appellant shall be required to submit the
compliance of this order.
(MANOJ KUMAR GARG),J 177-MS/-
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