Accused-appellant sought suspension of sentence for interim bail to attend his siblings' weddings, citing his father's age and ill health. The State and complainant opposed, noting other family members could perform the arrangements. The court declined to suspend sentence.
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[2025:RJ-JP:44772]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Misc. Interim Bail Application For Suspension of Sentence No. 2180/2025
in
SB Criminal Appeal No. 1820/2025
Sahil Khan S/o Shri Azad Khan, R/o Adarsh Colony, Chandpole Gate, Police Station Kotwali, Bharatpur (Rajasthan). (Appellant Is Presently Lodged In Central Jail At Bharatpur).
----Accused-appellant
Versus
State Of Rajasthan, Through Public Prosecutor.
----Respondent
| For Appellant(s) | : Mr. Ankit Agarwal, Advocate |
|---|---|
| For Respondent(s) | : Mr. Jitendra Singh Rathore, AGA Mr. Rahul Sharma, Advocate with Mr. Shiv Kumar Sharma, Advocate |
| on behalf of Mr. Rajneesh Gupta, Advocate |
HON'BLE MR. JUSTICE BHUWAN GOYAL Order
07/11/2025
This interim bail (suspension of sentence) application under Section 430 BNSS has been filed by the accused-appellant.
Learned counsel for the appellant submits that appellant’s real brother Tahir Khan is getting married on 09.11.2025 and appellant’s real sister Nisha Khan is also getting married on 10.11.2025. The appellant is the eldest of all the three siblings and father of the appellant is aged person suffering from multiple ailments. There is no other person in the appellant’s family who can make arrangement for marriage and perform the marriage rituals. Hence, the sentence awarded to the appellaent vide judgment dated 18.06.2025 passed by the trial court be
[2025:RJ-JP:44772]
[SOSA-2180/2025]
(2 of 2)
suspended and the appellant be granted interim bail for a period of 10 days.
In support of his contentions, he has annexed the marriage card of Tahir Khan and Nisha Khan as Annexure-A/1 with the interim bail application.
Learned Additional Govt. Advocate appearing for the State as well as learned counsel for the complainant have opposed the same and submit that in the appellant’s family, his father and other family members are available who can make arrangements and perform the marriage rituals, as is evident from the marriage card itself where below the name of the accused-appellant, name of ‘Ishan Khan’ has also been mentioned. They further submit that neither the ailment of the appellant’s father has been mentioned nor any document in this regard has been annexed with the interim bail application, in absence of which it cannot be said that father of the appellant is suffering from any ailment.
I have heard learned counsel for the parties and perused the material on record.
Taking into consideration the facts and circumstances of the case and more particularly in view of the fact that other family members are available in the appellant’s family who can make arrangements of marriage and perform the marriage rituals, I am not inclined the suspend the sentence of the accused-appellant.
The interim bail (suspension of sentence) application filed by the accused-appellant is dismissed.
(BHUWAN GOYAL),J
DK/109(supp.)
1 issue framed by the court
Should the appellant's sentence be suspended and interim bail granted for family marriages when other family members are available to make arrangements?
1 provisions across 1 enactments
Sahil Khan
State of Rajasthan, through Public Prosecutor
Bhuwan Goyal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
