Citation : 2025 Latest Caselaw 15109 Raj
Judgement Date : 10 November, 2025
[2025:RJ-JD:48028]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Temporary Suspension Of Sentence
Application (Appeal) No. 1947/2025
Pramod @ Pappu @ Vajiya S/o Ram Lal, Aged About 20 Years,
Pal Nithauwa Falla Lepaniya, Nithauwa P.s., Dist. Dungarpur.
(Lodged In Dist. Jail, Dungarpur).
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Surdhir Saruparia
For Respondent(s) : Mr. Narendra Gehlot, PP
Mr. Omprakash Choudhary
HON'BLE MR. JUSTICE SANDEEP SHAH
Order
10/11/2025
1. Heard learned counsel for the appellant-applicant and
learned Public Prosecutor on application for temporary suspension
of sentence and perused the material available on record.
2. Learned counsel for the appellant-applicant submits that the
present application for temporary suspension of sentence was filed
on 13.10.2025, while emphasizing therein that the grandmother of
the appellant-applicant has expired on 04.10.2025.
3. Learned Public Prosecutor was directed to submit a
verification report regarding the said demise. Despite two such
directions, the report has been submitted only today.
4. As per the report, the grandmother of the appellant-applicant
has expired on 04.10.2025, and it is also mentioned therein that
one of the appellant-applicant's brothers is present at home and
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[2025:RJ-JD:48028] (2 of 3) [SOSA-1947/2025]
has been performing the final rites. As of now, the period of thirty
days from the date of demise has already elapsed and the final
rites have also been performed, but noticing that the delay in
disposal of the application was occasioned due to the belated
submission of the report by the learned Public Prosecutor, and
further considering that the appellant-applicant may still require to
meet his family members on account of the said bereavement,
this Court deems it just and proper to allow the application for
temporary suspension of sentence. Accordingly, the appellant-
applicant is ordered to be released on temporary bail for a period
of seven days, from the date of release.
5. The appellant-applicant shall surrender before the concerned
Jail Authorities immediately upon expiry of the said period. The
learned Public Prosecutor shall submit a report before this Court
within a period of seven days from the date of such surrender.
6. Accordingly, the applications 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,
POCSO Act Cases, and Commission for Protection of Child Rights
Act, 2005, District Dungarpur, vide judgment dated 07.07.2023 in
Session Case No.68/2022, against the appellant-applicant,
Pramod @ Pappu @ Vajiya S/o Ram Lal, shall remain
temporarily suspended and he shall be released on bail for a
period of seven days from the date of his release subject to the
condition that he shall deposit a sum of Rs.1 lakhs before the trial
court and provided he executes a personal bond in the sum of
Rs.1,00,000/- with two sureties of Rs.50,000/- each to the
satisfaction of the learned trial Court. The concerned
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[2025:RJ-JD:48028] (3 of 3) [SOSA-1947/2025]
Superintendent of Jail shall give the date of surrender to the
appellant as per the date on which he is released from custody.
7. If the appellant surrenders within the stipulated period
before the concerned Jail, then the amount of Rs.1 lakhs so
deposited before the trial Court shall be refunded back to him and
if he fails to surrender within the stipulated period, then the
amount so deposited shall be forfeited immediately.
8. Let this matter be again listed on 02.12.2025, and on that
date, learned Public Prosecutor and learned counsel for the
appellant shall be required to submit the compliance of this order.
(SANDEEP SHAH),J 70-devrajP/-
(Uploaded on 10/11/2025 at 07:19:36 PM)
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