Kishan Singh vs State Of Rajasthan ...
2025 Latest Caselaw 8953 Raj

Rajasthan High Court - Jodhpur

Kishan Singh vs State Of Rajasthan ... on 18 March, 2025

Author: Pushpendra Singh Bhati

Bench: Pushpendra Singh Bhati

[2025:RJ-JD:14296-DB]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
 D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
                                  No. 466/2025

Kishan Singh S/o Late Shri Sajjan Singh, Aged About 31 Years,
R/o Village Dungar Ji Ka Guda Ps Chatbhuja District Rajsamand.
(At Present Lodged In Central Jail Udaipur )
                                                                      ----Appellant
                                       Versus
State Of Rajasthan.
                                                                    ----Respondent


For Petitioner(s)            :     Mr. Kalu Ram Bhati.
For Respondent(s)            :     Mr. C.S. Ojha, PP.



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

HON'BLE MR. JUSTICE CHANDRA PRAKASH SHRIMALI

Order

18/03/2025

1. This instant application under Section 389 Cr.P.C. has been

preferred on behalf of the applicant-appellant seeking temporary

suspension of sentence, who is currently incarcerated in Central

Jail, Udaipur, having been convicted and sentenced for an offense

punishable under Section 6 of the Protection of Children from

Sexual Offences (POCSO) Act.

2. It is informed by learned Public Prosecutor that the

applicant-appellant was previously released on first parole for 20

days from 25.03.2022 to 13.04.2022. Subsequently, he was

released on second parole for 30 days from 20.07.2023 to

18.08.2023, and thereafter, on third parole for 40 days from

28.11.2024 to 06.01.2025.

[2025:RJ-JD:14296-DB] (2 of 3) [SOSA-466/2025]

3. Today, the applicant-appellant has preferred this temporary

suspension of sentence on the ground of his father's death, which

occurred on 20.02.2025. A Death Certificate issued by the

competent authority is annexed to the application, confirming that

the father of the applicant-appellant expired on 20.02.2025.

4. Learned counsel for the applicant-appellant submits that the

applicant-appellant may be released for completing the last rites

and rituals.

5. Heard learned counsel for the parties on temporary

suspension of sentence application and perused the material

available on record.

6. Looking into the prolonged custody of the applicant-

appellant; repeated paroles well abided by the applicant-appellant

as well as death certificate placed on record confirming the death

of the father of the applicant-appellant, this Court deems it

appropriate to temporarily suspend the sentence of the applicant-

appellant for a period of 10 days.

7. Accordingly, the instant application for temporary suspension

of sentences filed under Section 389 Cr.P.C. is allowed and it is

ordered that the sentence passed by learned Special Judge,

POCSO Act Cases, Rajsamand vide judgment dated 22.11.2016 in

Sessions Case No.59/2024 against the applicant-appellant Kishan

Singh S/o Late Shri Sajjan Singh, shall remain temporarily

suspended and he shall be released on temporary bail for a period

of 10 days from the date of his actual release, provided he

executes a personal bond in the sum of Rs.1,00,000/- with two

[2025:RJ-JD:14296-DB] (3 of 3) [SOSA-466/2025]

sureties of Rs.50,000/- each (out of which one shall be accused-

appellant's close relative/near relative) to the satisfaction of the

learned trial Judge. The appellant-applicant-appellant shall

surrender before the concerned authority of the Central Jail,

Udaipur in the morning of the next day of completion of the period

of temporary suspension of sentence.

8. A compliance report shall be required to be filed by learned

Public Prosecutor, which shall be placed on record in the main

suspension of sentence application.

(CHANDRA PRAKASH SHRIMALI),J (DR.PUSHPENDRA SINGH BHATI),J

92-Zeeshan

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