Ramesh vs State Of Rajasthan ...
2025 Latest Caselaw 14922 Raj

Rajasthan High Court - Jodhpur

Ramesh vs State Of Rajasthan ... on 6 November, 2025

Author: Vinit Kumar Mathur

Bench: Vinit Kumar Mathur

[2025:RJ-JD:47658-DB]

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                        AT JODHPUR
 D.B. Criminal Misc. Interim Suspension Of Sentence Application
                     (Appeal) No. 2060/2025

Ramesh S/o Nemichand, Aged About 26 Years, R/o Ward No. 39,
Churu, P.s. Kotwali, Dist. Churu. (Raj.)
(At Present Lodged In High Security Jail, Ajmer)
                                                                        ----Petitioner
                                       Versus
State Of Rajasthan, Through Pp
                                                                     ----Respondent


For Petitioner(s)            :     Mr. Naresh Bishnoi.
For Respondent(s)            :     Mr. Shrawan Singh Rathore, PP



           HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

HON'BLE MR. JUSTICE BIPIN GUPTA

Order

06/11/2025

1. The present interim suspension of sentence application has been filed by the applicant under section 430 of the Bhartiya Nagrik Suraksha Sanhita (389 of Cr.PC) seeking interim suspension of sentence awarded to him by learned Additional Sessions Judge, Churu (hereinafter referred to as 'trial Court') vide order dated 04.01.2024 passed in Session Case No. 99/2018, on account of death of his uncle on 24.10.2025.

2. Learned counsel for the applicant submits that the uncle of the applicant has passed away on 24.10.2025 and therefore, the applicant wants to participate in the last rites ceremony of his uncle. He, therefore, prays that the sentence awarded to the applicant may be temporarily suspended for a period of two weeks.

3. Learned Public Prosecutor opposed the application seeking interim suspension of sentence in general. However, he has verified the factum of death of the applicant's uncle on 24.10.2025.

(Uploaded on 06/11/2025 at 05:24:07 PM)

[2025:RJ-JD:47658-DB] (2 of 2) [SOSA-2060/2025]

4. Having heard learned counsel for the parties, we are of the view that the presence of the applicant is necessary in last rites ceremony of his uncle who passed away on 24.10.2025.

5. In view of the aforesaid, the present application seeking interim suspension of sentence is allowed and it is ordered that the substantive sentence passed by the learned trial court vide judgment dated 04.01.2024 passed in Session Case No.99/2018 against the applicant -Ramesh S/o Nemichand shall remain temporarily suspended for a period of two weeks from the date of his actual release provided he executes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with two sureties in the sum of Rs.25,000/-(Rupees Twenty Five Thousand Only) out of which one surety will be of his close relative, each to the satisfaction of the concerned Jail Superintendent on usual conditions. He shall surrender back before the concerned Jail Superintendent after completion of two weeks from the date of his actual release. The concerned Jail Superintendent shall give a date of his surrender.

6. Let this application seeking interim suspension of sentence be again listed on 27.11.2025, and on that date, learned Public Prosecutor and learned counsel for the petitioner shall submit the compliance of this order.

                                   (BIPIN GUPTA),J                                    (VINIT KUMAR MATHUR),J
                                    78-AnilSingh/-




                                                            (Uploaded on 06/11/2025 at 05:24:07 PM)




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