Citation : 2025 Latest Caselaw 13475 Raj
Judgement Date : 18 September, 2025
[2025:RJ-JD:41838-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc. Interim Suspension Of Sentence Application
(Appeal) No. 1790/2024
Govind Ram S/o Sh. Babu Lal, Aged About 36 Years, R/o Dhana,
Police Station Takhatgarh, District Pali, Rajasthan. (At Present
Lodged In Central Jail, Jodhpur)
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Indramal S/o Sh. Kapoor Ji, R/o Dhola, At Present Dhana,
Police Station Takhatgarh, District Pali, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Sikander Khan
For Respondent(s) : Mr. Vikram Singh Rajpurohit, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR (Through Video Conferencing)
Order
18/09/2025
Learned counsel for the appellant-applicant wants to
withdraw the second suspension of sentence application but
further prays that the appellant-applicant is HIV positive and is
under treatment in the Central Jail, Jodhpur. Counsel further
submits that the appellant-applicant is not maintaining good
health, therefore, it is prayed that the present 2 nd suspension of
sentence application may be treated as interim suspension of
sentence application and the sentence of appellant-applicant may
temporarily be suspended for a period of thirty days.
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[2025:RJ-JD:41838-DB] (2 of 3) [SOSA-1790/2024]
Learned Public Prosecutor has opposed the prayer made by
counsel for the appellant-applicant.
We have heard learned counsel for the appellant-applicant as
well as learned Public Prosecutor and learned counsel for the
complainant and perused the material available on record.
Having regard to overall facts and circumstances of the case
and keeping in view the fact that the appellant-applicant is HIV
positive, therefore, we deem it just and proper to release the
appellant-applicant on interim bail for a period of thirty (30) days.
Accordingly, the application for temporary suspension of
sentence filed under Section 430 B.N.S.S./389 Cr.P.C. is allowed
and it is ordered that the sentences passed by the learned Special
Judge, (Protection of Children from Sexual Offences) Act and
Commission for Protection of Child Rights, No.3, Pali vide
judgment dated 30.04.2022 in Sessions Case No.18/2021 against
the appellant-applicant - Govind Ram S/o Sh. Babu Lal shall
remain temporarily suspended and he shall be released on
temporary bail for a period of thirty (30) days from the date of his
actual release, subject to the condition that he shall deposit a
demand draft of Rs.50,000/- of a Nationalized Bank executed in
favour of the trial court and also furnish a personal bond in a sum
of Rs.2,00,000/- with two sound and solvent sureties in the sum
of Rs.1,00,000/- (out of which one surety will be a close relative
of the petitioner) each to the satisfaction of learned trial court for
his surrender on completion of period of interim bail. It is made
clear that if the petitioner surrenders within the stipulated period
then the demand draft of Rs.50,000/- will be returned to him. In
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[2025:RJ-JD:41838-DB] (3 of 3) [SOSA-1790/2024]
case, the appellant-applicant fails to surrender before the
concerned Jail after period of interim bail, the demand draft so
deposited by the appellant-applicant shall be forfeited.
Let this criminal bail be listed on 30.10.2025, on which date,
learned Public Prosecutor shall be required to submit the
compliance of the order whether appellant-applicant has
surrendered or not.
(PRAVEER BHATNAGAR),J (MANOJ KUMAR GARG),J 1-Rashi/-
(Uploaded on 20/09/2025 at 01:04:57 PM)
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