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[2025:RJ-JP:20338-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc IV Suspension Of Sentence Application (Appeal) No. 989/2025 in D.B. Criminal Appeal No. 222/2023 Juvenile X, Resident Of Behind Dadabari Sagar Road, Police Station Amer Jaipur (Raj) (At Present Confined In Central Jail Jaipur) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Rajveer Singh Gurjar For Respondent(s) : Mr. Rajesh Choudhary, GA-cum-AAG assisted by Mr. Raman Kumar HON'BLE MR. JUSTICE AVNEESH JHINGAN HON'BLE MR. JUSTICE BHUWAN GOYAL
Order 14/05/2025
1. In view of the order of even date passed in D.B. Criminal Misc. III Suspension Of Sentence Application (Appeal) No.956/2025, defect pointed out by the office stands removed.
2. The instant fourth application for interim suspension of sentences under Section 430 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been preferred on behalf of the applicant – Juvenile ‘X’ who has been convicted and sentenced for the offences under Sections 363, 364, 377, 302 & 376-AB of I.P.C. and Section 5(M)/L of the Protection of Children from Sexual Offences Act, 2012 vide Judgment dated 14.07.2023 passed by
[2025:RJ-JP:20338-DB] (2 of 3) [SOSA-989/2025] Special Judge, Protection of Children from Sexual Offences Act, 2012, POCSO Act No. 2, Jaipur Metropolitan – II in Sessions Case No.27/2022, on the ground of death of his father who expired on
13.05.2025.
3. Heard learned counsel for the parties.
4.
Learned counsel for the applicant submits that applicant’s father Girdhari Lal has expired on 13.05.2025. He has placed on record a certificate to this effect issued by the Resident Doctor, Internal Medicare, SMS Hospital, Jaipur and submits submits that applicant being son is required to perform last rites ceremonies of his father. He therefore prays that sentence awarded to the applicant may be temporarily suspended and he may be released on interim bail for a period of one month.
5. Learned Public Prosecutor has opposed the prayer for interim bail, however, he has placed on record the report dated 13.05.2025 received from the S.H.O. Police Station Amer, District Jaipur North verifying the factum of death of the applicant’s father on 13.05.2025. As per the report, if interim suspension is granted, there is no apprehension of public peace being disturbed.
6. Considering the material available on record, we are inclined to accept instant application for interim suspension of sentence.
7. Accordingly, fourth application for interim suspension of sentences is allowed. The sentences awarded to applicant – Juvenile “X” by Special Judge, Protection of Children from Sexual Offences Act, 2012, POCSO Act No. 2, Jaipur Metropolitan – II in Sessions Case No.27/2022 vide judgment dated 14.07.2023 shall remain temporarily suspended up to 30.05.2025 subject to his
[2025:RJ-JP:20338-DB] (3 of 3) [SOSA-989/2025] furnishing a personal bond in the sum of Rs.1,00,000/- and two sound and solvent sureties in the sum of Rs. 50,000/- each to the satisfaction of the Superintendent, Central Jail, Jaipur. The applicant shall surrender before the Superintendent Central Jail, Jaipur by 10.00 a.m. on 30.05.2025.
8. A copy of this order be sent to the applicant through Superintendent, Central Jail, Jaipur through fax.
(BHUWAN GOYAL),J (AVNEESH JHINGAN),J INDER/82