Mukesh vs State Of Rajasthan ...
2025 Latest Caselaw 13497 Raj

Rajasthan High Court - Jodhpur

Mukesh vs State Of Rajasthan ... on 19 September, 2025

Author: Vinit Kumar Mathur

Bench: Vinit Kumar Mathur

[2025:RJ-JD:42019-DB]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                         JODHPUR
     D.B. Criminal Misc Interim Suspension Of Sentence Application
                          (Appeal) No. 1725/2025
Mukesh S/o Shri Trilok Chand, Aged About 24 Years, R/o Ward
No. 24 Regaro Ka Mohalla Bidasar Tehsil Bidasar Dist. Churu Raj.
(At Present Lodged In Dist. Jail Bikaner)
                                                                      ----Petitioner
                                       Versus
State Of Rajasthan, Through Pp
                                                                    ----Respondent


For Petitioner(s)            :     Mr. Kaluram Bhati, P.P.
For Respondent(s)            :     Mr. Rajesh Bhati, P.P.



          HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

HON'BLE MR. JUSTICE ANUROOP SINGHI

Order

19/09/2025

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 Special

Judge POCSO Act Cases, Churu (hereinafter referred to as 'trial

Court') vide Judgment dated 19.10.2022 passed in Session Case

No. 06/2018 (72/18), on account of his mother's critical medical

condition.

2. Learned counsel for the applicant has produced an OPD slip

of Rajkiya Sujanmal Bagariya Upzila Hospital, Sujangarh, Churu,

wherein it has been stated that surgery of the applicant's mother

has been fixed for 29.09.2025. He further submits that there is no

other male members in the family to get his mother operated.

He, therefore, prays that for that purpose, the sentence awarded

(Uploaded on 19/09/2025 at 02:59:01 PM)

[2025:RJ-JD:42019-DB] (2 of 2) [SOSA-1725/2025]

to the applicant may be suspended temporarily for a period of 20

days.

3. The fact of the petitioner's mother ailment has been verified

by the learned Public Prosecutor as per the report received from

SHO concerned.

4. Having heard learned counsel for the parties and considering

the facts and situation mentioned above and taking into

consideration that there is no other male member in the family of

the applicant, who can take care of the well-being of his mother,

who is going to be operated on 29.09.2025, we are inclined to

suspend the sentence of the applicant temporarily for a period of

20 days.

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 19.10.2022 passed in Session Case No. 06/2018

(72/18), against the applicant - Mukesh S/o Shri Trilok Chand

shall remain temporarily suspended for a period of 20 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 78-Taruna/-

(Uploaded on 19/09/2025 at 02:59:01 PM)

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