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2025 DAILYLAW 39997 (RAJ)

DEVA SAHARIA @ SHANIDEV SON OF LATE SHRI HARI CHARAN v. STATE OF RAJASTHAN

SOSA/2118/2025 · 2025-10-14

Anoop Kumar Dhand

Criminal Appealbody2025

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. 2nd Interim Suspension of Sentence Applica- tion (Appeal) No. 2118/2025 In S.B. Criminal Appeal No. 2530/2023 Deva Saharia @ Shanidev Son of Late Shri Hari Charan, Aged About 22 Years, Resident Of Bicchi P.S. Shahbad, District Baran. (Presently In Judicial Custody At Central Jail Kota) ----Appellant Versus State Of Rajasthan, Through Public Prosecutor. ----Respondent For Petitioner(s) : Mr. Rohan Jain For Respondent(s) : Mr. Amit Punia-Addl.GA. cum PP JUSTICE ANOOP KUMAR DHAND Order 14/10/2025 1. The application seeking second interim suspension of sen- tence has been filed by the appellant on the ground of performing the necessary rites of his deceased father. 2. Learned counsel for the appellant submits that the father of the appellant has passed away on 29.09.2025 but no-one in the appellant’s family informed him about the death of his father and there is no one in his family to perform the necessary rites of his father. Counsel submits that the villagers have cremated/ carried out the funeral and last rites of his father and now remaining rituals of his deceased father are required to be done by the appellant, therefore his sentence be suspended for a limited pe- riod to allow him to perform the last rites of his deceased father. (2 of 2) [SOSA-2118/2025] 3. Learned Public Prosecutor has submitted the verification re- port which certifies the factum of the death of the appellant’s father. 4. The said verification report is ordered to be taken on the record. 5. Considering the above factual aspect of the matter and look- ing to the fact that the presence of the petitioner is required to perform the last rites of his deceased father, this Court deems it just and proper to grant interim bail to the appellant w.e.f 18.10.2025 till 24.10.2025, and he is directed to surrender before the jail authorities on or before 24.10.2025. 6. Accordingly, the application for grant of second interim sus- pension of sentence filed by the appellant stands allowed, subject to furnishing a personal bond in the sum of Rs.2,00,000/- with two sureties of Rs.1,00,000/- each to the satisfaction of the trial Court. (ANOOP KUMAR DHAND),J Ashu/182