RAM BABU SHARMA SON OF DHANNALAL v. STATE OF RAJASTHAN
SOSA/1736/2024 · 2025-04-30
Avneesh Jhingan, Bhuwan Goyal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 40560 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 40560 (RAJ) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1736/2024 Ram Babu Sharma Son Of Dhannalal, R/o Baksawala, Police Station Sanganer Sadar District Jaipur (Rajasthan) (At Present Confined At Central Jail, Jaipur) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Dr. Mithlesh Kumar For Respondent(s) : Mr. Rajesh Choudhary, GA-cum-AAG assisted by Mr. Aman Kumar HON'BLE MR. JUSTICE AVNEESH JHINGAN HON'BLE MR. JUSTICE BHUWAN GOYAL
Order 30/04/2025
1. The matter comes up on an application under Section 528 of Bhartiya Nagarik Suraksha Sanhita, 2023 (IA No. 01/2025) filed by the applicant – Rambabu Sharma who was convicted and sentenced for the offences under Sections 302 & 120-B of I.P.C. vide Judgment dated 07.09.2021 passed by Additional Sessions Judge No. 1, Jaipur Metropolitan – I (Headquarter Sanganer) in Sessions Case No.21/2017, seeking interim bail/ suspension of sentences for a period of 30 days on the ground of death of his daughter Komal Bagda who expired on 23.04.2024.
2. Heard learned counsel for the parties.
3.
Learned counsel for the applicant submits that applicant’s daughter Miss Komal Bagda expired on 23.04.2025. The applicant
(2 of 3) [SOSA-1736/2024] was earlier released on emergent parole under Rule 23(2) of the Rajasthan Prisoners Release on Parole Rules, 2021 for a period of six hours to attend funeral of his daughter in police custody by the Superintendent, Central Jail, Jaipur. He submits that 13th day last ceremonies of applicant’s daughter will be performed on 04.05.2025 and he is required to perform all social rituals. 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 30.04.2025 received from the S.H.O. Police Station Sanganer Sadar, District Jaipur South.
5. Considering the material available on record and the fact that daughter of the petitioner has expired and presence of the applicant being father is required for performing her last rites, we are inclined to accept instant application for interim bail/ suspension of sentence.
6. Accordingly, this application for interim bail/suspension of sentences is allowed. The sentences awarded to applicant – Rambabu Sharma son of Dhannalal by Additional Sessions Judge No. 10, Jaipur Metropolitan – I (Headquarter Sanganer) in Sessions Case No.21/2017 vide judgment dated 07.09.2021 shall remain temporarily suspended for a period of six days i.e.
(3 of 3) [SOSA-1736/2024] 30.04.2025 to 05.05.2025, 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, Jaipur. The applicant shall surrender before the Superintendent Central Jail, Jaipur by 10.00 a.m. on
05.05.2025.
7. A copy of this order be sent to the applicant through Superintendent, Central Jail, Jaipur through fax.
(BHUWAN GOYAL),J (AVNEESH JHINGAN),J INDER/73