[2025:RJ-JP:42621] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc II Suspension Of Sentence Application (Appeal) No. 305/2024 In S.B. Criminal Appeal No.1188/2022 Shambhu @ Rudraksh Son Of Dwarkalal, Aged About 28 Years, Resident Of Rojdi, Police Station R.k. Puram, Kota (Rajasthan) (Presently In District Jail At Kota District Kota) ----Petitioner Versus State Of Rajasthan, Through P.P. ----Respondent For Petitioner(s) : Mr. Sandeep Kumar Ms. Preeti Sharma For Respondent(s) : Mr. Rajendra Singh Shekhawat, PP Mr. JP Tiwari, PP HON'BLE MR. JUSTICE FARJAND ALI (THROUGH VIDEO CONFERENCING) Order 16/10/2025 1. The instant application under Section 389 CrPC seeking temporary suspension of sentence has been preferred on behalf of the appellant-applicant in the matter of judgment dated 13.05.2022 passed by the learned Special Judge, Protection of Children from Sexual Offences Act, 2005 No.4, Kota, District Kota in Sessions Case No.159/2019 for the offences under Sections 376(3) of IPC and 5(L)/6 of POCSO Act whereby he was convicted and sentenced to suffer maximum punishment of twenty years’ RI along with a fine of Rs.20,000/- under Section 376(3) of IPC and lesser punishment for the offence under Section 5(L)/6 of POCSO Act. [2025:RJ-JP:42621] (2 of 4) [SOSA-305/2024] 2. Learned counsel for the appellant–applicant submits that the appellant is suffering from Congenitally Corrected Transposition of the Great Arteries with Ventricular Septal Defect and Pulmonary Stenosis (CCTGA–VSD–PS), a serious cardiac condition for which surgical intervention has been advised by the treating physicians. In view of the gravity of the ailment and the necessity of surgical treatment, it is prayed that the sentence awarded to the appellant be temporarily suspended, and he be released on interim bail for a limited period to enable him to undergo the requisite medical procedure and postoperative care. 3. Learned Special Public Prosecutor has opposed the prayer for grant of temporary bail, contending that the medical condition can be adequately managed under the supervision of the jail authorities and that no exceptional circumstance warranting release has been demonstrated. 4. Upon hearing the learned counsel for the appellant–applicant and the learned Special Public Prosecutor, and upon meticulous perusal of the material available on record, certain aspects merit consideration. 4.1 At the very threshold, this Court notes that the learned counsel for the appellant–applicant has, with fairness, not pressed the grounds pertaining to the merits of the conviction or sentence for the purpose of the present adjudication. The scope of the instant application is thus confined to the limited and circumscribed issue of the appellant’s medical condition. It is canvassed that the appellant is suffering from a grave cardiac ailment necessitating urgent surgical intervention, and that the right to seek suspension of sentence necessarily includes the [2025:RJ-JP:42621] (3 of 4) [SOSA-305/2024] ancillary right to seek temporary or interim bail on compassionate or medical grounds where the exigencies of health so demand. 4.2 It has further been represented that, in consonance with the procedural discipline, the appellant undertakes to surrender before the competent authority immediately upon the expiry of the period of temporary bail and, thereafter, to move an appropriate application for regular suspension of sentence, should the necessity so arise. 5. Upon an analytical consideration of the submissions advanced and an examination of the medical documents placed on record, this Court finds prima facie substance in the plea that the appellant is suffering from a serious and life-threatening cardiac condition which necessitates specialized surgical treatment and postoperative care. Having regard to the nature of the ailment and the attendant humanitarian considerations, this Court is persuaded to take a compassionate and pragmatic view of the matter. 6. Accordingly, the instant application for temporary suspension of sentence is allowed. The sentence awarded to appellant- applicant Shambhu @ Rudraksh passed by the learned Special Judge, Protection of Children from Sexual Offences Act, 2005 No.4, Kota, District Kota in in Sessions Case No.159/2019 vide judgment dated 13.05.2022 shall remain suspended for a period of 40 days 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 District Jail, [2025:RJ-JP:42621] (4 of 4) [SOSA-305/2024] Kota in the morning of the next day of completion of the period of temporary bail. (FARJAND ALI),J 19 divya/-