SANWARMAL S/O SHREE BHURARAM v. STATE OF RAJASTHAN
SOSA/1376/2025 · 2025-07-14
Avneesh Jhingan, Bhuwan Goyal
Criminal Appealbody2025
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[ 2025 DAILYLAW 24708 (RAJ) · dailylaw.ai ]
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[ 2025 DAILYLAW 24708 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:26101-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc 2nd (Interim)Suspension Of Sentence Application (Appeal) No. 1376/2025 in D.B. Criminal Appeal No. 10/2024 Sanwarmal S/o Shree Bhuraram, Aged About 36 Years, R/o Tibariya Bassi, Police Station Jobner, District Jaipur Rural Rajasthan (Presently Confined In District Jail Sikar) ----Applicant Versus State Of Rajasthan, Through P.p ----Respondent For Applicant(s) : Mr. Pradeep Sharma with Mr. Abhishek Dadhich For Respondent(s) : Mr. Sudesh Saini, P.P.
HON'BLE MR. JUSTICE AVNEESH JHINGAN HON'BLE MR. JUSTICE BHUWAN GOYAL
Order 14/07/2025 I.A.No.1/2025 in
D.B. Criminal Appeal No. 10/2024:-
1.
Learned counsel for the applicant submits that due to inadvertence, two separate applications for interim suspension of sentence were filed and seeks permission to withdraw application (IA No. 01/2025).
2. The application is dismissed as withdrawn. In
D.B
. Criminal Misc 2
nd (Interim)
Suspension Of Sentence
Application (Appeal) No. 1376/2025:-
1. The instant second application for interim suspension of sentences under Section 430 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been preferred on behalf of the applicant –
[2025:RJ-JP:26101-DB] (2 of 3) [SOSA-1376/2025] Sanwarmal, who has been convicted and sentenced for the offence under Section 302 of the Indian Penal Code to undergo life imprisonment with fine, vide Judgment dated 15.12.2023 passed by Additional Sessions Judge No. 1, Sikar in Sessions Case No.222/2019 (State of Rajasthan vs. Sanwarmal), for performing last rites of his father who expired on 10.07.2025.
2. Heard learned counsel for the parties.
3.
Learned counsel for the applicant submits that applicant’s father Bhuraram has expired on 10.07.2025. He has placed on record a certificate to this effect issued by the Sarpanch, Gram Panchayat Bassi Naga, Panchayat Samiti Jobner, District Jaipur and 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 thirty days.
4. Learned Public Prosecutor has opposed the prayer for interim bail, however, he has placed on record the report dated 13.07.2025 received from the S.H.O. Police Station Udhyog Nagar, Sikar, District Sikar verifying the factum of death of the applicant’s father on 10.07.2025.
5. Considering the material available on record, we are inclined to accept instant application for interim suspension of sentence.
6. Accordingly, this second application for interim suspension of sentences is allowed. The sentences awarded to applicant – Sanwarmal s/o Bhuraram by Additional Sessions Judge No. 1, Sikar in Sessions Case No.222/2019 (State of Rajasthan vs. Sanwarmal) vide Judgment dated 15.12.2023 shall remain
[2025:RJ-JP:26101-DB] (3 of 3) [SOSA-1376/2025] temporarily suspended up to 28.07.2025 subject to his 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, Sikar. The applicant shall surrender before the Superintendent Central Jail, Sikar by 10.00 a.m. on 29.07.2025.
7. A copy of this order be sent to the applicant through Superintendent, Central Jail, Sikar through fax.
(BHUWAN GOYAL),J (AVNEESH JHINGAN),J INDER/48