[2025:RJ-JP:26193] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc (interim) Suspension Of Sentence Application (Appeal) No. 1244/2025 in S.B. Criminal Appeal No. 3327/2023 Mukesh Kumar Son Of Shreelal, Resident Of Village - Rooprahimpur Sran, Bihar, Present Resident At Bhiwadi, District Alwar, Rajasthan, (Presently Lodged In District Jail, Alwar.) ----Petitioner Versus State Of Rajasthan, Through Public Prosecutor. ----Respondent For Petitioner(s) : Mr. Kapil Gupta For Respondent(s) : Mr. Ram Babu Sharma Mr. Devi Singh, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 14/07/2025 1. The present application has been filed seeking interim bail on behalf of the appellant on compassionate grounds. 2. Learned counsel for the appellant submits that the appellant’s wife, Pooja, who was suffering from cancer, was admitted in hospital on 06.06.2025 and passed away on 14.06.2025 while undergoing treatment at Mahaveer Cancer Sansthan, Phulwari Sharif, Patna. He further submitted that the appellant is a poor person and the sole caretaker of two minor children, aged about 6 years and 4 years respectively, who are presently without any parental care and support. [2025:RJ-JP:26193] (2 of 4) [SOSA-1244/2025] Learned counsel for the appellant further submitted that the appellant's brother lives separately and the only other family member, the appellant’s aged mother, is not in a position to adequately take care of the minor children. So, on exceptional and humanitarian circumstances, the appellant seeks temporary release on interim bail for a period of 30 days. 3. Aforesaid contentions were opposed by learned counsel for complainant. 4. Learned counsel for the complainant submits that the appellant is a resident of Bihar and, if released, there is a likelihood that he may flee from the jurisdiction of this Court and abscond. 5. Heard learned counsel for the parties along with learned Public Prosecutor. 6. A verification report has been received from concerned Police Station and police has verified the fact of death of wife of appellant-accused. Since, there are two minor children and appellant was in custody on date of death of his wife and prayer is made for interim bail. The apprehension that this appellant- accused may abscond as he belongs to Bihar is not a reasonable apprehension. The appellant is a citizen of this country and he has every right to plead his case under the Constitution of India, therefore, we disagree with the apprehension raised by learned counsel for complainant. 7. Having considered the submissions of both the parties, the documentary materials on record, and taking into account the death of the appellant’s wife, coupled with the tender age of his minor children, this Court is of the opinion that the appellant [2025:RJ-JP:26193] (3 of 4) [SOSA-1244/2025] deserves to be enlarged on interim bail for a period of 10 days on compassionate grounds. 8. Considering the 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- Mukesh Kumar Son of Shreelal is allowed for a period of 10 days from 18.07.2025 to 27.07.2025 upon furnishing a personal bond of ₹2,00,000/- (Rupees Two Lakh only) with two sureties of ₹1,00,000/- each (Rupees One Lakh each) to the satisfaction of the learned trial court 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) That if the applicant or sureties changes the place of residence, he will give in writing his changed address to the trial Court as well as to the counsel in the High Court. (iii) That the appellant will not leave State of Bihar during the period of interim bail, except undertaking journey to and fro from Alwar (Rajasthan) to Bihar. (iv) During the period of interim bail, the appellant shall mark his attendance before the Officer-in-Charge of the concerned jurisdictional Police Station on every third day, to be intimated at the time of submission of bail and bonds. [2025:RJ-JP:26193] (4 of 4) [SOSA-1244/2025] (v) After availing period of ten days from 18.07.2025 to 27.07.2025, the applicant-accused will surrender before the Jail Authorities before 11.00 AM on 28.07.2025 and the report of surrender will be sent to the Trial Court. 9. The Trial Court is directed to send the report of surrender along with bail bonds to this Court. 10. Misc. application stands disposed of. 11. Office is directed to send a copy of this order immediately to the concerned Court. (ASHOK KUMAR JAIN),J MONU /36