Citation : 2026 Latest Caselaw 159 Raj
Judgement Date : 7 January, 2026
[2026:RJ-JD:345-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc. temporary Suspension Of Sentence
Application (Appeal) No. 2209/2025
Siraj Ahmed S/o Riyaz Ahmed, Aged About 45 Years, R/o Holi
Chowk Prithviganj, Banswara.
(At Present Lodged In Central Jail Udaipur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Tej Singh Badgujar
For Respondent(s) : Mr. C.S. Ojha, PP
Mr. Rahul Rajpurohit for complainant
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
HON'BLE MR. JUSTICE CHANDRA SHEKHAR SHARMA
Order
07/01/2026
1. The present application has been filed by the applicant under
Section 430 BNSS (389 of Cr.P.C.) seeking temporary suspension
of sentence awarded to him by learned Additional Sessions Judge,
(Fast Track), Banswara (hereinafter referred to as 'trial Court')
vide order dated 07.11.2006 passed in Session Case No.43/2006,
for attending the marriage ceremonies of his son and daughter.
2. Learned counsel for the applicant submits that the
applicant's son and daughter are getting married on 21.01.2026
and 25.01.2026 and the presence of the applicant is required. He,
therefore, prays that the sentence awarded to the applicant may
be temporarily suspended for a period of 7 days.
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[2026:RJ-JD:345-DB] (2 of 3) [SOSA-2209/2025]
3. Learned Public Prosecutor has received the factual
substantiating fact of applicant's son and daughter are getting
married on 21.01.2026 and 25.01.2026. However, he submits that
the applicant is a history-sheeter, a number of cases have been
registered against him.
4. We have considered the submissions made at the bar and
have gone through the relevant record of the case.
5. In view of the aforesaid and taking into consideration the
fact that the applicant's son and daughter are getting married and,
therefore, he is required to remain present to perform the marital
rites during the marriage ceremony, the present application
seeking temporary suspension of sentence is allowed and it is
ordered that the substantive sentence passed by the learned trial
court vide judgment dated 07.11.2006 passed in Session Case
No.43/2006 against the applicant -Siraj Ahmed S/o Riyaz
Ahmed shall remain temporarily suspended for a period of 7 days
from 20.01.2026 to 26.01.2026 provided he executes a personal
bond in the sum of Rs.1,00,000/- (Rupees One Lakh Only) with
two sureties in the sum of Rs.50,000/-(Rupees Fifty Thousand
Only) out of which one surety will be of his close relative, each to
the satisfaction of the concerned Jail Superintendent on usual
conditions. He shall surrender back before the concerned Jail
Superintendent after completion of 7 days from the date of his
actual release. The concerned Jail Superintendent shall give a date
of his surrender.
6. Let this application seeking interim suspension of sentence be
again listed on 06.02.2026, and on that date, learned Public
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[2026:RJ-JD:345-DB] (3 of 3) [SOSA-2209/2025]
Prosecutor and learned counsel for the petitioner shall submit the
compliance of this order.
(CHANDRA SHEKHAR SHARMA),J (VINIT KUMAR MATHUR),J
138-Payal/-
(Uploaded on 07/01/2026 at 04:21:27 PM)
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