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2026 Supreme(Online)(Raj) 3848

HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
Anil Kumar Upman, J
Bhur Singh @ Bhura – Appellant
Versus
State Of Rajasthan – Respondent
S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1562/2024 | S.B. Criminal Appeal No. 1997/2023



Advocates:
For the Appellants/Petitioners: Rajneesh Gupta
For the Respondents: Rajesh Choudhary, Vivek Choudhary, Gaurav Gupta

A convict may be granted temporary suspension of sentence on humanitarian grounds, such as the death of a parent, to perform last rites and rituals, subject to execution of bonds and sureties.

Headnote:The applicant, convicted under Sections 363 and 376(3) of the IPC and Sections 3/4(2) of the POCSO Act, 2012, was sentenced to twenty years of rigorous imprisonment. The applicant filed an application for temporary suspension of sentence on the grounds of the death of his mother on 23.01.2026 to attend the last rites and rituals. The court examined whether the applicant deserved interim relief on humanitarian grounds. The court observed that the factum of death had been verified by the Public Prosecutor from the concerned police station, and the request was based on a significant personal tragedy. The present application seeking temporary suspension of sentence is allowed and it is ordered that the sentence passed by the Learned Special Judge, Protection of Children from Sexual Offences Act, 2012 and Commission for protection of Child’s Right Act, 2005, District Karauli in Sessions case No.86/2022 (CIS No.86/2022) against the applicant- Bhur Singh @ Bhura Son Of Shri Ram Khiladi shall remain temporarily suspended for a period of 15 days provided he executes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh Only) with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) out of which one surety will be of his close relative, each to the satisfaction of the learned trial Court.

Table of Content
1. application for temporary suspension of sentence due to mother's death. (Para 1 , 2 , 3)
2. granting of relief on humanitarian grounds after verification of facts. (Para 4 , 5)
3. order for 15-day suspension of sentence with bond conditions. (Para 6 , 7 , 8 , 9)

Order

1. The matter comes up on I.A. No. (01/2026) filed on behalf of the applicant for temporarily suspending his sentence awarded by Learned Special Judge, Protection of Children from Sexual Offences Act, 2012 and Commission for protection of Child’s Right Act, 2005, District Karauli in Sessions case No.86/2022 (CIS No.86/2022) whereby the applicant has been convicted for offences punishable under Sections 363 and 376(3) of IPC and Section 3/4(2) of POCSO Act, 2012 and has been sentenced to undergo rigorous imprisonment for twenty years, on account that applicant’s mother has expired.

2. It is contended by learned counsel for the applicant that Smt. Ramkanya, mother of the applicant has expired on 23.01.2026 and the applicant wants to attend the last rites and rituals of his late mother. He, therefore, prays that the sentence awarded to the applicant may be temporarily suspended for a period of 15 days.

3. Per contra, learned Public Prosecutor opposes the prayer for temporarily suspending the sentence of the applicant. However, he has verified the factum of death of applicant’s mother from the concerned police station.

4. Heard. Perused the material available on record.

5. Considering the fact that the applicant’s mother has passed away on 23.01.2026, this Court is of the opinion that the applicant deserves indulgence of interim bail on humanitarian ground so as to enable him to attend last rites and rituals of his late mother.

6. In backdrop of the aforesaid facts and circumstances, keeping in view the humanitarian considerations, the present application seeking temporary suspension of sentence is allowed and it is ordered that the sentence passed by the Learned Special Judge, Protection of Children from Sexual Offences Act, 2012 and Commission for protection of Child’s Right Act, 2005, District Karauli in Sessions case No.86/2022 (CIS No.86/2022) against the applicant- Bhur Singh @ Bhura Son Of Shri Ram Khiladi shall remain temporarily suspended for a period of 15 days provided he executes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh Only) with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) out of which one surety will be of his close relative, each to the satisfaction of the learned trial Court.

7. He shall surrender back before the concerned Jail authority on 16.02.2026 by 4:00 PM.

8. In case, the applicant fails to surrender before the jail authority as directed above, learned Public Prosecutor is directed to apprise the Court.

9. List this case on 23.02.2026.

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