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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MANOJ KUMAR GARG, J.
Dinesh Kumar Gurjar - Appellant
Versus
State of Rajasthan - Respondent
SOSA / 350 / 2025
Decided On : 18-02-2025
(A) Indian Penal Code - Section 376(2)(f) - Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act - Sections 3(2)(V) & 3(1)(W)(I) - Temporary suspension of sentence - Application for temporary bail filed by a Ph.D. scholar to attend a departmental meeting - Court deemed it just to grant interim bail until 27.02.2025, subject to conditions including a demand draft and personal bond. (Paras 1-7)
(B) Bail - Conditions for granting bail - The court emphasized the necessity of conditions to ensure the petitioner’s compliance with surrender requirements. (Paras 6-7)
Facts of the case:
The petitioner, accused of serious offences under IPC and SC/ST Act, sought temporary bail to attend a crucial departmental meeting. The court considered the circumstances and granted bail until a specified date.
Findings of Court:
The court found it appropriate to grant interim bail with conditions to ensure compliance.
Issues: The main issue was whether the petitioner should be granted temporary bail to attend an important meeting.
Ratio Decidendi: The court ruled that the necessity of attending the meeting justified the temporary suspension of the sentence, provided that conditions were met to ensure the petitioner’s return.
Result: Application for temporary suspension of sentence allowed.
ORDER :
(MANOJ KUMAR GARG, J.)
The instant application for temporary suspension of sentence under Section 430 B.N.S.S. (389 Cr.P.C.) has been filed by the petitioner.
2. The allegation against the petitioner is of offence punishable under Section 376(2)(f) of IPC and Sections 3(2)(V) & 3(1)(W)(I)of SC/ST Act.
3. Learned counsel for the petitioner submits that the petitioner is a Ph.D. scholar and a meeting of the Departmental Research Committee (DRC) is going to be held on 20.02.2025 and being a research scholar it is very necessary for the petitioner to attend the meeting. In these circumstances, the petitioner may be granted temporary bail for a period of ten days.
4. Learned Addl. G.A. has opposed the prayer made by learned counsel for the petitioner.
5. I have heard learned counsel for the parties and perused the material available on record.
6. Having regard to overall facts and circumstances of the case, I deem it just and proper to release the petitioner on interim bail till 27.02.2025 from the date of his actual release.
7. Accordingly, the application for temporary suspension of sentence filed under Section 430 B.N.S.S. (389 Cr.P.C.) is allowed and it is ordered that the sentences passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Sirohi, vide judgment dated 24.10.2024 in Sessions Case No.52/2017 against the petitioner - Dinesh Kumar Gurjar S/o Narayanlal Gurjar shall remain temporarily suspended and he shall be released on temporary bail till 27.02.2025 from the date of his actual release, subject to the condition that he shall deposit a demand draft of Rs.2,00,000/- of a Nationalized Bank executed in favour of the trial court and also furnishes a personal bond in a sum of Rs.4,00,000/- with two sound and solvent sureties in the sum of Rs.2,00,000/- (out of which one surety will be a close relative of the petitioner) each to the satisfaction of learned trial court for his surrender on completion of period of interim bail. It is made clear that if the petitioner surrenders within the stipulated period then the demand draft of Rs.2,00,000/- will be returned to him. In case, the petitioner fails to surrender before the concerned Jail after period of interim bail, the demand draft so deposited by the petitioner shall be forfeited.
8. The petitioner is directed to surrender on 28.02.2025 sharp at 10:00 AM before the concerned Jail Authorities.
9. Let this application for suspension of sentence be listed on 05.03.2025, on which date, learned Addl. G.A. shall be required to submit the compliance of the order whether petitioner has surrendered or not.
Temporary bail may be granted under specific circumstances, provided conditions are imposed to ensure compliance with surrender requirements.
Temporary suspension of sentence granted due to the appellant's severe health condition, subject to bail conditions and assurance of surrender.
Temporary bail can be granted for significant family events, subject to compliance with specific conditions.
Temporary suspension of sentence granted to allow the petitioner to attend his brother's marriage, balancing personal obligations against the seriousness of the charges.
The court allowed the suspension of sentence under Section 14-A(2) of the SC/ST Act, emphasizing the need for a balance between the rights of the accused and justice.
The court may suspend a sentence if the appellant was on bail during trial and there is no imminent hearing of the appeal.
Suspension of sentence is warranted when petitioners are on bail during trial and there is no immediate hearing for the appeal.
The court may suspend a substantive sentence pending appeal if the accused was on bail during trial, subject to conditions.
The court may suspend a sentence if the accused are on bail and the appeal process is expected to take a significant amount of time.
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