[2025:RJ-JP:22868] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc 2nd Suspension of Sentence Application (Interim) (Appeal) No. 1064/2025 in S.B. Criminal Appeal No. 2697/2024 Santosh Son Of Shri Bhaurilal, Aged About 26 Years, Resident Of Dharanvas, Police Station Nangal Rajawatan District Dausa (Raj) (At Present Confined In District Jail, Dausa) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Rajveer Singh Gurjar Mr. Kapil Nagayach For Respondent(s) : Mr. Saransh Saini Mr. Vijay Singh Yadav, PP Mr. Gaurav Gupta, AGA HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 30/05/2025 1. Instant second application for suspension of sentence is preferred by appellant-accused Santosh son of Shri Bhaurilal for interim bail on the ground of surgery of his mother. 2. Learned counsel for appellant submits that the mother of the appellant is suffering from lower lumbar pain and doctor has advised her to undergo surgery in Neurosurgery Department, SMS Hospital, Jaipur. He further submits that there is no one in family to take care of mother of appellant, therefore, one month interim bail be granted to him. [2025:RJ-JP:22868] (2 of 3) [SOSA-1064/2025] 3. Aforesaid contentions were opposed by learned Public Prosecutor and learned counsel for complainant. 4. Learned Public Prosecutor has submitted a report received from P.S. Mehendipur Balaji, District Dausa along with latest custody certificate. 5. Heard learned counsel for the parties and learned Public Prosecutor. Perused the material along with record. 6. This appellant was convicted and sentenced on 01.10.2024 in sessions case No. 29/2020 (32/2018) passed by learned Additional Sessions Judge, Sikrai, District Dausa. The appellant has undergone more than 11 months and 24 days and presently he is in custody since 01.10.2024. 7. A perusal of record indicate that the mother of appellant was treated by Dr. B.L. Bairwa, Assistant Professor, Neurosurgery, SMS Hospital, Jaipur and on 30.01.2025 diagnosed that patient Govindi Devi Meena (aged about 58 years) is suffering from lower lumbar pain from last one year. Thereafter, in an un-dated certificate, it was mentioned that patient have planned surgery of L4-5, L5-S1. 8. The record further indicate that appellant-accused was allowed parole of 15 days which ended on 08.04.2025. As per letter dated 07.04.2025 for extension of parole submitted by this appellant-accused to the Collector, a surgery of his mother is planned after one week. 9. Considering aforesaid, it is apparent that just to seek interim bail the ground of surgery of mother is used by applicant. If the accused wants surgery of his mother then he should have used 15 days’ parole granted to him prior to filing of present application. [2025:RJ-JP:22868] (3 of 3) [SOSA-1064/2025] 10. On 30.04.2025, this Court after considering the detailed reason has dismissed the application for suspension of sentence of this appellant-accused and there are no ground to consider instant suspension of sentence application on merits. The ground of surgery as mentioned by the appellant is not appeared to be bona fide and police has also not forwarded a positive report in favor of appellant-accused. A no-objection certificate issued by Village Sarpanch is also not helpful as same is not supported with any document. 11. In View of discussions made hereinabove, no case is made out for interim bail, therefore, the instant suspension (interim) of sentence application is hereby dismissed. (ASHOK KUMAR JAIN),J MONU /20