Allowed an application under Section 389 Cr.P.C. for temporary suspension of the appellant's sentence for 10 days following the death of the appellant's mother, subject to execution of a bond with two sureties and surrender upon completion of the period.
Substantive sentence temporarily suspended for 10 days from the date of actual release.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc Suspension of Sentence Application (Appeal) No. 352/2021
Raju @ Khediya @ Rajendra Kumar S/o Sh. Madan Lal, Aged About 48 Years, B/c Luhar, R/o A-9, Bapu Nagar, Bhilwara (Raj.). (At Present Lodged In Central Jail, Ajmer).
----Petitioner
Versus
State of Rajasthan, Through PP
----Respondent
| For Petitioner(s) | : Mr. Kalu Ram Bhati,through VC |
|---|---|
| For Respondent(s) | : Mr. Javed Gauri,PP |
HON'BLE MR. JUSTICE RAMESHWAR VYAS (VACATION JUDGE)
Order
18/06/2021
This criminal misc. suspension of sentence application (appeal) under Section 389 Cr.P.C. has been filed on behalf of the appellant with a prayer for temporary suspending the sentence awarded to him by the Learned Special Judge, NDPS Cases, Bhilwara (hereinafter to be referred as ‘the trial court’) vide order dated 18.01.2021 passed in Sessions Case No.26/2017 for the period of 30 days for the purpose of appellant’s mother ailments.
Learned counsel for the appellant submits that during treatment appellant’s mother died on 12.06.2021. Learned counsel for the appellant seeks release on interim bail for a period of 30 days.
Learned Public Prosecutor opposed the grant of interim bail to the appellant.
(2 of 2)
[SOSA-352/2021]
Heard learned counsel for the parties on temporary suspension of sentence application and perused the material available on record.
In the facts and circumstances of the case, particularly the statement given by the learned counsel for the petitioner, without expressing any opinion on merits of the case, I consider it just and proper to temporary suspend the substantive sentence awarded to the accused petitioner for the period of 10 days from the date of his actual release.
Accordingly, this application seeking temporary suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the substantive sentence passed by the trial court vide judgment 18.01.2021 passed in Sessions Case No.26/2017 against appellant - Raju @ Khediya @ Rajendra Kumar S/o Sh. Madan Lal shall remain temporarily suspended for the period of 10 days, provided he executes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge with the incorporation that he would surrender before the concerned jail authority after completion of 10 days.
It is made clear that in any case the appellant shall surrender himself before the concerned jail authority after completion of 10 days from the date of his actual release, failing which, the trial court shall report the matter to this Court.
(RAMESHWAR VYAS (VACATION JUDGE)),J
63-rahul arya/-
1 issue framed by the court
Whether the substantive sentence awarded to the appellant should be temporarily suspended for the period of 10 days in view of the death of the appellant's mother.
1 provisions across 1 enactments
Raju @ Khediya @ Rajendra Kumar
State of Rajasthan
RAMESHWAR VYAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
