X (FICTITIOUS NAME) (NEIGHBOUR OF VICTIM) v. STATE OF RAJASTHAN
SOSA/175/2025 · 2025-02-13
Farjand Ali
body2025
DailyLaw.ai
[ 2025 DAILYLAW 41107 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 41107 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 175/2025 X (Fictitious Name) (Neighbour Of Victim) ----Petitioner Versus State Of Rajasthan ----Respondent For Petitioner(s) : Mr. Sunil Tyagi For Respondent(s) : Mr. Vivek Sharma, AGA with Mr. Aman Kumar HON'BLE MR. JUSTICE FARJAND ALI (Through Video Conferencing)
Order 13/02/2025
1. The instant application under Section 389 CrPC seeking temporary suspension of sentence has been preferred on behalf of the appellants-applicant, who has been convicted by the learned Special Judge, Protection of Children from Sexual Offences Act, 2012 and Commission for Protection of Child Rights Act, 2005 No.1, Ajmer vide judgment dated 26.07.2022 passed in Sessions Case No.141/2020 for the offences under Sections 363 & 376(3) of IPC and Section 3/4 POCSO Act.
2.
Learned counsel for the appellant-applicant submits that the mother of the petitioner is very ill and there is no one at home to look after her. The presence of the applicant is essential to look after his mother. Therefore, it is prayed that the applicant may be released on bail by temporarily suspending his sentence.
3. Learned Special Public Prosecutor has opposed the prayer for temporary bail.
(2 of 2) [SOSA-175/2025]
4. I have heard the learned counsel for the appellant-applicant and the learned Public Prosecutor and gone through the material available on record.
5. Hence, considering the submissions advanced by the learned counsel for the appellant-applicant and taking a humanitarian view of the matter, this court is inclined to grant temporary bail of 60 days to the appellant-applicant.
6. Accordingly, the instant application for temporary suspension of sentence is allowed. The sentence awarded to appellant- applicant X (Fictitious Name) by learned Special Judge, Protection of Children from Sexual Offences Act, 2012 and Commission for Protection of Child Rights Act, 2005 No.1, Ajmer in Sessions Case No.140/2020 vide judgment dated 26.07.2022 shall remain suspended for a period of 60 days from the date of his actual release upon his furnishing a personal bond in the sum of Rs.50,000/- and two sound and solvent sureties of Rs.25,000/- each to the satisfaction of the trial court. The appellant-applicant shall surrender before the concerned authority of the jail, where he is presently lodged, in the morning of the next day of completion of the period of temporary bail.
(FARJAND ALI),J Samvedana/38