Sohan Singh vs State Of Rajasthan (2026:Rj-Jd:3860)
2026 Latest Caselaw 987 Raj

Rajasthan High Court - Jodhpur

Sohan Singh vs State Of Rajasthan (2026:Rj-Jd:3860) on 21 January, 2026

Author: Farjand Ali

Bench: Farjand Ali

[2026:RJ-JD:3860]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
 S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
                              No. 138/2026

Sohan Singh S/o Dharshan Singh, Aged About 46 Years, 14, B.d
P.s., Khajuwala, Dist. Bikaner (Raj.). (At Present Lodged In
Central Jail, Bikaner)
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through Pp
                                                                ----Respondent


For Petitioner(s)        :     Mr. Kaluram Bhati
For Respondent(s)        :     Mr. Shriram Choudhary, AGA



                HON'BLE MR. JUSTICE FARJAND ALI

Order

21/01/2026

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, POCSO Act Cases, Bikaner vide judgment dated

05.05.2023 passed in Sessions Case No.76/2021 for the offences

under Sections 450, 376(A)(B) of the IPC and Section 5(M)/6 of

the POCSO Act and has been awarded the maximum punishment

of 20 years imprisonment.

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

real brother of the appellant-applicant expired on 15.01.2026 and,

in absence of any other male member in the family, the presence

of the appellant-applicant is required for performing the last rites

and related rituals. The death certificate has been placed on

record.

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3. Learned Special Public Prosecutor has opposed the

application.

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

learned Special Public Prosecutor and have perused the material

available on record.

5. This Court has given thoughtful consideration to the grounds

urged in the application. The death of the real brother of the

appellant-applicant is supported by the death certificate placed on

record. It is a matter of common societal practice that the

performance of last rites and subsequent rituals is ordinarily

undertaken by the male members of the family, and the absence

of such participation may cause irreparable emotional and social

hardship. The prayer is confined to a limited period and is founded

purely on humanitarian considerations. The temporary suspension

sought does not touch upon the merits of the appeal and is not

likely to prejudice the prosecution in any manner. In the

considered opinion of this Court, the ends of justice would be met

by granting temporary suspension of sentence for a short

duration, subject to appropriate safeguards.

6. Accordingly, the instant application for temporary suspension

of sentence is allowed. The sentence awarded to appellant-

applicant by the learned trial court, details of which are mentioned

in the opening 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

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of the trial court. The appellant-applicant shall surrender before

the concerned jail authority in the morning of the next day of

completion of the period of temporary bail.

(FARJAND ALI),J 188-Pramod/-

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