Manohar Lal vs State Of Rajasthan (2025:Rj-Jd:12356)
2025 Latest Caselaw 8266 Raj

Rajasthan High Court - Jodhpur

Manohar Lal vs State Of Rajasthan (2025:Rj-Jd:12356) on 5 March, 2025

Author: Manoj Kumar Garg

Bench: Manoj Kumar Garg

[2025:RJ-JD:12356]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
 S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
                               No. 408/2025

Manohar Lal, S/o Rang Lal R/o Nethrana, P.s. Gogamedi, Dist.
Hanumangarh (Lodged In Sub Jail, Bhadra)
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent


For Petitioner(s)         :     Mr. RS Choudhary
For Respondent(s)         :     Mr. Deepak Choudhary, AAG assisted
                                by Mr. KS Kumpawat



          HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

05/03/2025

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 is suffering from severe disease and

presently he is admitted in PBM Hospital, Bikaner for treatment.

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:12356] (2 of 3) [SOSA-408/2025]

Learned AAG has opposed the prayer made by the counsel

for the appellant.

In view of the assurance given by the counsel for the

appellant and taking into consideration the facts that the appellant

is suffering from severe disease and presently he is admitted in

PBM Hospital, Bikaner, I am 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.

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 Additional

Sessions Judge, Bhadra, District Hanumangarh, vide judgment

dated 17.12.2024 in Sessions Case No.03/2018 against the

appellant-applicant Manohar Lal, S/o Rang Lal, shall remain

temporarily suspended and he shall be released on bail for a

period of twenty days from the date of his release subject to the

condition that he shall deposit a sum of Rs.2 lakhs 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.2 lakhs so

deposited shall be refunded back to him and if the appellant fails

to surrender within the stipulated period, then the amount so

deposited shall be forfeited immediately.

[2025:RJ-JD:12356] (3 of 3) [SOSA-408/2025]

Let this application for temporary suspension of sentence be

again listed on 28.04.2025, 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 132-MS/-

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