Rajasthan High Court - Jodhpur
Dharamchand vs State Of Rajasthan (2025:Rj-Jd:50475) on 21 November, 2025
[2025:RJ-JD:50475]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1962/2025
Dharamchand S/o Megha, Aged About 26 Years, R/o Dangi Ka
Kheda Police Station Vallabhnagar District Udaipur Rajasthan
(Lodged In Central Jail, Udaipur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Sanjay Bishnoi
For Respondent(s) : Mr. Shriram Choudhary, PP
HON'BLE MR. JUSTICE SANDEEP SHAH
Order
21/11/2025
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, while emphasizing therein that his wife Meena Dangi needs
medical surgery according to ultrasound report, as she is having
complex cystic lesion in her ovaries.
3. Learned Public Prosecutor was directed to submit a report
initially, wherein it was advised for consultation with a
gynecologist. Pursuant to the order dated 19.11.2025, the
Investigating Officer was directed to obtain a report from the
gynecologist. The Investigating Officer is present today along with
the report of the gynecologist.
(Uploaded on 21/11/2025 at 02:55:22 PM)
[2025:RJ-JD:50475] (2 of 3) [SOSA-1962/2025]
4. As per the said report dated 19.11.2025 issued by the
Gynecologist, the wife of the appellant-applicant is suffering from
ovarian cysts and she has been advised for surgery on
28.11.2025. It has been averred that there is no family member
to take care of wife of appellant.
5. Considering the report submitted, 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 fifteen days, from the
date of release.
6. 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.
7. 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,
NDPS Cases, Pratapgarh District Pratapgarh, vide judgment dated
13.01.2025 in Session Case No.04/2020, against the appellant-
applicant, Dharamchand S/o Megha, shall remain temporarily
suspended and he shall be released on bail for a period of fifteen
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.1,00,000/-
with two sureties of Rs.50,000/- 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.
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[2025:RJ-JD:50475] (3 of 3) [SOSA-1962/2025]
8. If the appellant surrenders within the stipulated period
before the concerned Jail, then the amount of Rs.2 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.
9. Let this matter be again listed on 15.12.2025, 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
44-mohit/-
(Uploaded on 21/11/2025 at 02:55:22 PM)
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