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2025 DAILYLAW 16023 (RAJ)

SHANKARLAL @ KUNJILAL S/O BABULAL v. STATE OF RAJASTHAN

SOSA/816/2025 · 2025-05-02

Inderjeet Singh, Mukesh Rajpurohit

Criminal Appealbody2025

Judgment text

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[2025:RJ-JP:18622-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc. (interim) Suspension of Sentence Application No. 816/2025 In D.B. Criminal Appeal No.193/2023 Shankarlal @ Kunjilal S/o Babulal, R/o Harsoti Police Station Boli, District Sawai Madhopur.(At present confined in Central Jail Sevar, Bharatpur) ----Accused-Applicant Versus State of Rajasthan, through P.P ----Respondent For Petitioner(s) : Mr. Tarun Jain For Respondent(s) : Mr. Amit Punia, Addl. GA HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE MUKESH RAJPUROHIT Order 02/05/2025 1. Heard on interim suspension of sentence application filed on behalf of the accused-applicant. 2. Learned counsel appearing on behalf of the accused-applicant submits that the accused-applicant has been convicted for the offence(s) under Sections 363, 366-A read with Section 34 of IPC & Section 5 (M) read with Section 6 of the POCSO Act, 2012 and sentence of life imprisonment has been awarded to the accused-applicant for the offence under Section 5 (M) read with Section 6 of the POCSO Act, 2012. He further submits that the marriage of the sister of the accused-applicant is fixed for 05.05.2025 and the accused-applicant is only brother and [2025:RJ-JP:18622-DB] (2 of 3) [SOSA-816/2025] his parents are old. He further submits that the hearing of appeal may take long time and prayed for allowing the interim suspension of sentence application so that he can attend his sister’s marriage. 3. Learned Additional Government Advocate has submitted the report dated 30.04.2025 sent by the SHO Police Station Bonli District Sawai Madhopur before us, according to which, the marriage of the sister of the accused-applicant is fixed for 05.05.2025 and as per report, there is no apprehension for breach of peace in the area, however, learned Additional Government Advocate has opposed the interim suspension of sentence application. The copy of the report dated 30.04.2025 is taken on record. 4. We have heard learned counsel for the parties and perused the material available on record. 5. Considering the arguments advanced by the learned counsel for the parties and taking into account the facts and circumstances of the present case and also considering the report dated 30.04.2025 sent by the concerned SHO and without expressing any opinion on merits of the case, we deem it just and proper to allow the interim suspension of sentence application. 6. In that view of the matter, this criminal misc. interim suspension of sentence application is allowed and it is ordered that the accused-applicant be released on interim bail for a period of seven days from the date of release subject to the satisfaction of the concerned jail authorities with the stipulation that accused- applicant must surrender himself before the concerned jail authorities after the completion of the period of seven days from the date of his release. [2025:RJ-JP:18622-DB] (3 of 3) [SOSA-816/2025] 7. Office is directed to send a copy of this order to the concerned jail authorities through e-mail/fax for necessary compliance. (MUKESH RAJPUROHIT),J (INDERJEET SINGH),J GARIMA /32