Rajasthan High Court - Jodhpur
Ratan Singh vs State Of Rajasthan on 7 March, 2025
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
[2025:RJ-JD:13406-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 467/2025
Ratan Singh S/o Late Shri Bhopal Singh, Aged About 39 Years,
R/o Kuratiya, Dhamecha District Chittorgarh.
(At Present Lodged In Special Central Jail, Shyalawas Dausa)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. K.R. Bhati
For Respondent(s) : Mr. Yogendra Charan for
Mr. N.K. Gurjar, GA-cum-AAG
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
HON'BLE MR. JUSTICE CHANDRA PRAKASH SHRIMALI
Order
10/03/2025
1. The present application seeking temporary suspension of
sentence has been filed by the applicant - Ratan Singh, inter-alia,
on the ground that his mother has died on 04.01.2024.
2. Submissions have been made that as the mother of the
applicant had died on 28.02.2025, and the petitioner has to
perform last rites rituals and ceremony, therefore, he may be
enlarged on temporary bail so as to undertake his social
obligations.
3. Learned counsel for the applicant has placed an order dated
13.05.2024 passed by a Division Bench of this Court in the case of
the appellant whereby earlier also the applicant-appellant was
released on temporary bail from 16.05.2024 to 28.05.2024. The
order dated 13.05.2024 reads as under:-
[2025:RJ-JD:13406-DB] (2 of 3) [SOSA-467/2025]
"1. This criminal misc. suspension of sentence
application (appeal) under Section 389 Cr.P.C. has
been filed on behalf of the applicant with a prayer
for temporary suspension of sentence awarded to
him by the learned Additional Sessions Judge,
Begu, District Chittorgarh vide order dated
25.08.2021 passed in Sessions Case No.29/2015
for a period of 30 days on account of his
daughter's marriage scheduled to be solemnized
on 23.05.2024.
2. Learned counsel for the applicant has
submitted that on account of applicant's daughter
marriage, the sentence awarded to him by the trial
court may kindly be suspended temporarily so that
the applicant may attend the marriage.
3. Learned Public Prosecutor has submitted a
factual report dated 10.05.2024, wherein the
factum of applicant's daughter marriage on
23.05.2024 is verified.
4. Heard learned counsel for the parties on
temporary suspension of sentence application and
perused the material available on record.
5. Having considered the totality of facts and
circumstances of the case, we consider it just and
proper to temporarily suspend the substantive
sentence awarded to the accused applicant for a
period commencing from 11:00 am of 16.05.2024
to 11:00 am of 28.05.2024.
6. Accordingly, this application seeking
temporary suspension of sentence filed under
Section 389 Cr.P.C. is allowed and it is ordered
that the substantive sentence passed by the trial
court vide judgment dated 25.08.2021 in Sessions
Case No.29/2015 against applicant - Ratan Singh
S/o Bhopal Singh Rajput shall remain temporarily
suspended for a period commencing from 11:00
am of 16.05.2024 to 11:00 am of 28.05.2024,
provided he executes a personal bond in the sum
of Rs.1,00,000/- with two sureties of like amount
of near relative to the satisfaction of the learned
trial Judge with the incorporation that he would
surrender before the concerned jail authority after
completion of temporary suspension period.
7. It is made clear that in any case the
applicant shall surrender himself before the
concerned jail authority on 28.05.2024 at 11:00
am after completion of temporary period of
suspension commencing from 16.05.2024 to
28.05.2024, failing which, the Jail Authorities shall
report the matter to this Court.
8. The report dated 10.05.2024 be taken on
record."
[2025:RJ-JD:13406-DB] (3 of 3) [SOSA-467/2025]
4. The application though is contested by learned counsel for
the State. However, it is not denied that the deceased is mother of
the applicant who died on 28.02.2025. The death certificate is
verified by the learned counsel for the State.
5. The verification report along with death certificate is taken
on record.
6. In the facts and circumstances of the case, wherein the
applicant's mother had died, taking a humanitarian view, we deem
it appropriate to accept the application for temporary suspension
of sentence and suspend the sentences awarded to the applicant
for a period of seven days from the date of his actual release.
7. Accordingly, the instant application is allowed and it is
directed that sentences awarded to the applicant/appellant -
Ratan Singh S/o Late Shri Bhopal Singh shall remain suspended
and he shall be released on temporary bail for a period of seven
days from the date of his actual release, provided he furnishes a
personal bond in the sum of Rs.1,00,000/- with two sureties in the
sum of Rs.50,000/- each to the satisfaction of the trial court.
8. Immediately after completion of the aforesaid period, the
applicant/appellant shall surrender before the concerned Jail
Authorities for serving the remaining period of sentence.
(CHANDRA PRAKASH SHRIMALI),J (DR.PUSHPENDRA SINGH BHATI),J
168-Hanuman/-
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