HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
VINOD KUMAR BHARWANI
ROHIT MALAH SON OF SHRI RAMKISHAN MALAH – Appellant
Versus
STATE OF RAJASTHAN – Respondent
SOSA / 2390 / 2025
[2026:RJ-JP:5889]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 2390/2025 In S.B. Criminal Appeal No.3091/2025 Rohit Malah Son Of Shri Ramkishan Malah, Aged About 22 Years, R/o Village Ashapadri, Police Station Simri, District Buxar, Bihar, At Present Tenant In The House Of Ummesh Gupta, Tila No. 7A, 74 Kachhi Basti, Jawahar Nagar, Jaipur, Police Station Jawahar Nagar, Jaipur, Rajasthan.(Presently Lodged In Central Jail, Jaipur)
----Appellant Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Appellant(s) : Mr. Sudhir Jain For Respondent(s) : Mr. Vijay Singh, PP HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI
Order
09/02/2026 The instant interim bail application (No.1/2026) has been preferred on behalf of the applicant-appellant under Section 430 of B.N.S.S. seeking interim bail suspension of sentence to the appellant, namely Rohit Malah Son Of Shri Ramkishan Malah, on the ground of his sister's marriage.
Submissions of learned counsel appearing for the accused-
appellant are that the marriage of the sister of the appellant is going to be solemnized on 24.02.2026. As per the enclosed marriage card, the marriage functions starts from 23.02.2026 onwards. The presence of the appellant is necessary to perform the social responsibilities during the marriage ceremony. Hence, it is prayed that the appellant may be granted interim bail.
Learned Public Prosecutor for the State has verified the factum of the marriage of the sister of the appellant.
Heard. Perused the material made available on record.
Taking into consideration the submissions made by learned counsel for both the parties and considering the fact that the marriage of the sister of the appellant is going to be solemnized on 24.02.2026, but without expressing any opinion on the merits/demerits of the case, in the interest of justice, this Court deems it just and proper to enlarge the appellant on interim bail, subject to conditions.
Accordingly, the present interim bail application (No.1/2026)
is allowed. It is directed that the Superintendent/Concerned, Central Jail, Jaipur shall release the appellant on interim bail for a period of seven days from the date of his actual release, upon furnishing a personal bond in the sum of Rs.50,000/- with two sureties of Rs. 25,000/- each, to the satisfaction of the Superintendent/Concerned, Central Jail, Jaipur, subject to the following conditions:-
1. The appellant shall not make any contact with the victim.
2. The appellant shall maintain peace and tranquility during the period of interim bail.
3. The appellant shall surrender before the Superintendent/Concerned, Central Jail, Jaipur after completion of the period of seven days at 05:00 P.M.
In the event of failure to surrender within the stipulated time, the jail authorities shall take necessary action in accordance with law.
(VINOD KUMAR BHARWANI),J SAURABH /33
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