Rajasthan High Court - Jodhpur
Kailash vs The State Of Rajasthan ... on 3 October, 2025
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2025:RJ-JD:43628-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR.
D.B. Criminal Misc. Temporary Suspension Of Sentence
Application (Appeal) No. 1826/2025
Kailash S/o Bhanwar Lal, Aged About 53 Years, R/o
Jaisinghdesar Magra, Nokha, Dist. Bikaner.
(Lodged in Dist. Jail Bikaner)
----Petitioner
Versus
The State Of Rajasthan, Through Public Prosecutor.
----Respondent
For Petitioner(s) : Mr. Mahavir Singh.
For Respondent(s) : Mr. C.S.Ojha, PP
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
HON'BLE MR. JUSTICE ANUROOP SINGHI
Order
03/10/2025
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 the learned Additional
Sessions Judge, Nokha District Bikaner (hereinafter referred to as
'trial Court') vide Judgment dated 08.04.2024 passed in Session
Case No. 143/2022, on account of critical medical condition of his
wife.
2. Learned counsel for the applicant submits that there is cyst
measuring 35x31 mm in right ovary of his wife and therefore, she
is required to be operated. He further submits that there is no
male member in the family to take care of the well being of
applicant's wife. He, therefore, prays that for that purpose, the
(Uploaded on 03/10/2025 at 03:36:56 PM)
[2025:RJ-JD:43628-DB] (2 of 2) [SOSA-1826/2025]
sentence awarded to the applicant may be suspended temporarily
for a period of 30 days.
3. Learned Public Prosecutor has verified the factum of
applicant-appellant's wife suffering from the ailment for which she
is required to be operated upon. He further submits that there is
no male member in the family to look after the well being of
applicant's wife.
4. Having heard learned counsel for the parties, we are of the
view that the applicant's wife is suffering from the disease stated
above and as per the medical advice, she is required to be
operated upon and there is no male member in the family to take
care of well being of his wife.
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 08.04.2024 passed in Session Case No.143/2022
against the applicant - Kailash S/o Bhanwar Lal shall remain
temporarily suspended for a period of 30 days provided he
executes a personal bond in the sum of Rs.1,00,000/- with two
sound and solvent sureties in the sum of Rs.50,000/- each, to the
satisfaction of the concerned Jail Authorities. The applicant
appellant shall surrender before the Jail Authorities in the morning
of the next day of completion of the period of temporary bail.
(ANUROOP SINGHI),J (VINIT KUMAR MATHUR),J
65-Anil Singh/-
(Uploaded on 03/10/2025 at 03:36:56 PM)
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