Kamal Singh vs State Of Rajasthan (2026:Rj-Jd:8835)
2026 Latest Caselaw 2657 Raj

Rajasthan High Court - Jodhpur

Kamal Singh vs State Of Rajasthan (2026:Rj-Jd:8835) on 17 February, 2026

Author: Farjand Ali

Bench: Farjand Ali

[2026:RJ-JD:8835]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                         JODHPUR
     S.B. Criminal Misc Interim Suspension Of Sentence Application
                                 No. 366/2026

                                          in

                    S.B. Criminal Appeal No.1881/2025

Kamal Singh S/o Ishawar Singh Sondhiyan, Aged About 42
Years, R/o Keri P.s. Jeeran District Neemch M.p. (Presently
Lodged In Dist. Jail Chittorgarh)
                                                                     ----Petitioner
                                      Versus
State Of Rajasthan, Through Pp
                                                                   ----Respondent


For Petitioner(s)           :     Mr. Mangi Lal Vishnoi
For Respondent(s)           :     Mr. Surendra Bishnoi, PP



                HON'BLE MR. JUSTICE FARJAND ALI

Order

17/02/2026

1. The instant application under Section 389 CrPC seeking

temporary suspension of sentence has been preferred on behalf of

the appellants-applicant, who has been convicted by the learned

Special Judge, NDPS Act Cases, No.1, Chittorgarh vide judgment

dated 18.07.2025 passed in Sessions Case No.16/2010 and

sentenced to undergo maximum rigorous imprisonment of 10

years for the offences under Sections 8/25 of NDPS Act (along

with a fine of Rs.1,00,000/- and in default of payment further to

undergo 1 year RI) and lesser punishments for the other offence

under Sections 8/18(B) of NDPS Act.

2. Learned counsel for the appellant-applicant submits that the

appellant's mother has expired today itself, i.e. on 17.02.2026, a

(Uploaded on 17/02/2026 at 05:14:03 PM)

[2026:RJ-JD:8835] (2 of 2) [SOSA-366/2026]

document issued by the Gram Panchayat, Harnaavda certifying the

fact of death is also annexed as Annexure-1. The presence of

appellant is required to perform rituals and customs. Therefore, it

is prayed that the appellant may be released on bail by

temporarily suspending his sentence.

3. Learned Special Public Prosecutor has opposed the prayer for

temporary bail.

4. I have heard the learned counsel for the appellant-applicant

and the learned Special Public Prosecutor and gone through the

material available on record.

5. Considering the submissions advanced by the learned

counsel for the appellant-applicant and taking a humanitarian view

of the matter, this court is inclined to grant temporary bail to the

appellant-applicant.

4. Accordingly, the instant application for temporary suspension

of sentence is allowed. The sentence awarded to appellant-

applicant, the details of which are provided in the first para of this

order shall remain suspended for a period of 30 days from the

date of his actual release upon his furnishing a personal bond in

the sum of Rs.50,000/- and two sound and solvent sureties of

Rs.25,000/- each to the satisfaction of the trial court. The

appellant-applicant shall surrender before the concerned Jail in the

morning of the next day of completion of the period of temporary

bail.

(FARJAND ALI),J 1-chhavi/-

(Uploaded on 17/02/2026 at 05:14:03 PM)

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