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[2025:RJ-JP:17173] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. (Interim) 2nd Suspension Of Sentence Application (Appeal) No. 834/2025 In S.B. Criminal Appeal No.1825/2023 Kajod S/o Shri Ratan, Aged About 23 Years, R/o Bagariya Ki Dhani, Dethani, P.s. Pachewar, District Tonk (At Present Confined In Central Jail Ajmer) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Avdesh Kumar Purohit For Respondent(s) : Mr. Devi Singh, PP with Mr. Gaurav Gupta, AAAG Mr. Ram Swaroop Meena HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order 23/04/2025
1. The matter is listed for interim SOS application No.834/2025 on the ground that the father (Ratan) of applicant-accused Kajod has expired on 22.04.2025 and as per report submitted by Police Station Pachewar, District Tonk last rites were already performed by other family members and relatives.
2. Considered submissions of learned counsel appearing on behalf of applicant-accused and learned counsel for complainant along with learned Public Prosecutor. Perused the report received from Police Station Pachewar.
3. Applicant-accused Kajod was convicted by learned Special Judge (POCSO Act, Cases), Tonk on 06.06.2023 in Sessions Case
[2025:RJ-JP:17173] (2 of 3) [SOSA-834/2025] No.60/2021 under Sections 455, 376AB IPC and 5(m)/6, 5(i)/6 of POCSO Act. The maximum punishment is 20 years.
4. Having considered the fact of death of father of applicant- accused, it is appropriate to allow interim bail for a period of three days from 24.04.2025 and thereafter another three days from
02.05.2025. Thus, the interim SOS application No.835/2025 is allowed without considering the merits of the case only on ground of death of father for two intervals initially for three days and another for three days.
5. Considering each and every aspect of the matter, looking to reasons as mentioned in the application, without expressing any opinion on the merits of the case, I am of the considered view that the interim application for suspension of sentence of appellant- Kajod S/o Shri Ratan is allowed for a period or two intervals initially for three days from 24.04.2025 and secondly from 02.05.2025 for another three days provided that he would execute a personal bond in the sum of ₹1,00,000/-with two sound sureties of ₹50,000/- each to the satisfaction of the learned trial Judge subject to the conditions indicated below:- (i) After release of appellant on bail, he will not indulge in any criminal activity and if it is found that he is involved in any criminal activity, the
order shall be recalled. (ii) During period of interim bail, applicant will not leave jurisdiction of District Tonk. (iii) That if the applicant(s) changes the place of residence, he will give in writing his changed
[2025:RJ-JP:17173] (3 of 3) [SOSA-834/2025] address to the trial Court as well as to the counsel in the High Court. (iv) Similarly, if the sureties change their address(s), he will give in writing their changed address to the trial Court. (v) That the applicant will not contact victim or any of the prosecution witnesses or their family. (vi) After availing period of first three days from 24.04.2025 to 26.04.2025, the applicant-accused will surrender before the Jail Authorities before 11.00 AM on 27.04.2025 and the report of surrender will be sent to the Trial Court. (vii) After availing another three days from 02.05.2025 to 04.05.2025, the applicant-accused will surrender before 11.00 AM on 05.05.2025. The report of surrender will be sent to the Trial Court.
6. The Trial Court is directed to send both the reports of surrender along with bail bonds to this Court.
7. Misc. application stands disposed of.
8. Office is directed to send a copy of this order immediately to the concerned Court.
(ASHOK KUMAR JAIN),J GAURAV /83-S