The High Court allowed the suspension of sentence application under Section 389 Cr.P.C. granting interim bail for 20 days to the appellant due to his ailing wife, subject to bond and sureties.
Temporarily suspended the sentences for twenty days subject to a personal bond of Rs. 50,000 and two sureties of Rs. 1,00,000 each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1269/2022
Arjun Lal S/o Shri Puran Mogiya, Aged About 27 Years, Mogiya Basti (Alkipura), Amar Talai Pipli Acharayan, P.s. Kunwariya, District Rajsamand (Raj.). (At Present Lodged In Central Jail Udaipur).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
| For Petitioner(s) | : Mr. |
Pawan Singh Rathore |
|---|---|---|
| For Respondent(s) | : Mr. |
Laxman Solanki,PP |
HON'BLE MR. JUSTICE FARJAND ALI
Order
20/12/2022
The instant application for temporary suspension of sentence under Section 389 Cr.P.C. has been preferred on behalf of the appellant who has been convicted and sentenced for the offences under Sections 365/120-B, 342/120-B, 36/12B and 395/120B of the IPC vide judgment dated 14.01.2021 passed by the learned Addl. Sessions Judge No. 4, Udaipur in Sessions Case No. 67/2014 (497/2014) seeking interim bail on the ground that his wife is ailing with disease in Gall blader.
Learned counsel for the applicant-appellant submits that his wife is ailing with the disease in Gall blader and there is no other person to take care of her and to take her for medical assistance.
Learned Public Prosecutor has placed on record the verification report.
(2 of 2)
[SOSA-1269/2022]
In view of the above facts and taking humanitarian view of the matter, this Court deems it fit to temporarily suspend the sentences awarded to the appellant-applicant for a period of twenty days.
In this view of the matter, the application for temporary suspension of sentence is hereby allowed and it is ordered that the sentences passed by the learned Addl. Sessions Judge No. 4, Udaipur vide judgment dated 14.01.2021 in Sessions Case No. 67/2014 (497/2014) against the applicant Arjun Lal S/o Shri Puran Mogiya shall remain suspended for a period of twenty days commencing from the date of his actual release provided he executes a personal bond of Rs. 50,000/- and two sound and sureties of Rs. 1,00,000/- each to the satisfaction of the learned trial court. The applicant shall surrender before the jail authorities in the morning of the next day of completion of the period of temporary bail. The superintendent of the concerned jail shall give the date of surrender to the applicant.
(FARJAND ALI),J
ns. 439-1/-
1 issue framed by the court
Whether the appellant is entitled to temporary suspension of sentence on humanitarian grounds due to his wife's illness.
1 provisions across 1 enactments
Arjun Lal S/o Shri Puran Mogiya
State Of Rajasthan
Farjand Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
