Rajasthan High Court - Jodhpur
Sarajudin vs State Of Rajasthan ... on 13 October, 2025
Author: Dinesh Mehta
Bench: Dinesh Mehta
[2025:RJ-JD:44774-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1842/2025
1. Sarajudin S/o Kamrudin, Aged About 29 Years, Resident
of Valmiki Basti, Bandrabas, Behind The Jisan's Shop,
Police Station Kotgate, Bikaner, Rajasthan. (Lodged In
Central Jail, Bikaner)
2. Bablu Alias Abdul Rahman S/o Kamrudin, Aged About 32
Years, Resident of Valmiki Basti, Bandrabas, Behind The
Jisan's Shop, Police Station Kotgate, Bikaner, Rajasthan.
(Lodged In Central Jail, Bikaner)
----Petitioners
Versus
State of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Ashok Khilery
For Respondent(s) : Mr. C.S. Ojha, PP
HON'BLE MR. JUSTICE DINESH MEHTA
HON'BLE MRS. JUSTICE SANGEETA SHARMA
Order
13/10/2025
1. The present interim suspension of sentence application has
been filed by the applicants under section 430 of the Bhartiya
Nagrik Suraksha Sanhita seeking temporary suspension of
sentence awarded to them by the learned Special Judge,
Scheduled Caste/Scheduled Tribe (Prevention of Atrocities Act
Cases) and Additional District and Sessions Judge, Bikaner
(hereinafter referred to as 'trial Court') vide order dated
04.08.2025 passed in Session Case No. 259/2020, on account of
death of their father Kamrudin, who has passed away on
14.09.2025.
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2. While arguing his application for temporary suspension of
sentence, learned counsel for the applicants submitted that the
father of the applicants namely Kamrudin has passed away whose
last rites (Phoolon ki Fatiya & Pagri Rasam) are going to be
solemnised on 25 and 27 of October 2025. He prayed that both
the applicants who are behind the bars for five years be granted
temporary bail so that they can take part in those ceremonies and
spend some time with the family in the moment of grief.
3. Learned Public Prosecutor opposed the application for
temporary suspension of sentence.
4. Having heard learned counsel for the parties and considering
that the applicants' father has passed away, in the interest of
justice, we deem it appropriate to allow the instant application for
temporary bail.
5. 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 04.08.2025
passed in Session Case No. 259/2020 against the applicants No.
1. Sarajudin S/o Kamrudin and 2. Bablu Alias Abdul
Rahman S/o Kamrudin, shall remain temporarily suspended for
a period of five days commencing from 10:00 a.m. on 24.10.2025
to 06:00 p.m. on 28.10.2025. The applicants shall have to furnish
personal bond in the sum of Rs.50,000/- each and two sureties
of Rs.25,000/- (out of which one shall be their close family
member) to the satisfaction of the concerned Jail Authorities.
Upon furnishing of the bond and requisite sureties, they shall be
released at 10:00 a.m. on 24.10.2025 and shall have to surrender
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on or before the concerned jail authorities at 06:00 p.m. on
28.10.2025, failing which, the jail authorities shall report the
matter to this Court. The concerned Jail Superintendent shall be
free to impose other usual conditions.
6. The present interim suspension of sentence application
stands disposed of.
(SANGEETA SHARMA),J (DINESH MEHTA),J
100-amit/-
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