High Court allowed temporary suspension of petitioner's sentence for 5 days to facilitate his son's marriage, subject to furnishing a bond and surrendering by the specified date.
Sentence suspended from 20.11.2023 to 24.11.2023 contingent upon personal bond of Rs. 2,00,000/-, two sureties of Rs. 1,00,000/-, and surrender on or before 24.11.2023 at 5:00 PM.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Criminal Misc Temporary Suspension Of Sentence Application (Appeal) No. 1429/2023
Mohan Singh S/o Shri Mool Singh, Aged About 55 Years, R/o Chhoti Khatu, Tehsil Didwana, Dist. Didwana, Nagaur (At Present Lodged In Jail, Nagaur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
| For Petitioner(s) | : Mr. Shakti Singh Mertiya |
|---|---|
| For Respondent(s) | : Mr. BR Bishnoi, PP |
| Mohd. Sameer Khan for Mr. Sunil | |
| Mehta for complainant |
HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Order
06/11/2023
This application for temporary suspension of sentence has been filed on behalf of the applicant with a prayer that the sentence awarded to him by the Additional Sessions Judge, Deedwana, District Naguar (hereinafter to be referred as ‘the trial court’) vide order dated 09.01.2020 may be suspended temporarily for a period of 20 days on account of marriage of his son.
Learned counsel for the applicant has submitted that marriage of applicant’s son is going to be solemnized on 23.11.2023.
Learned Public Prosecutor has verified the factum of marriage of applicant’s son, however, has opposed the application
[SOSA-1429/2023]
(2 of 2)
for temporary suspension of sentence while submitting that the application for suspension of sentence preferred on behalf of the applicant has been rejected on merits by a Co-ordinate Bench of this Court vide order dated 26.09.2023. Learned Public Proseuctor has submitted that the applicant is a history-sheeter and as many as 21 criminal cases have been registered against him.
Having learned counsel for the parties and after going through the material available on record, particularly keeping in view the fact that at present, the applicant is lodged in open jail, Nagaur and he has served out sentence of around 11 years, this application for temporarily suspension of sentence is allowed and it is hereby ordered that the sentence awarded to applicant - Mohan Singh S/o Shri Mool Singh by the trial court vide judgment dated 09.01.2020 in Sessions Case No.21/2012 shall remain suspended for five days i.e. from 20.11.2023 to 24.11.2023, subject to the condition that he shall furnish a personal bond of Rs.2,00,000/- along with two sureties of Rs.1,00,000/- (duly verified by Tehsildar) of his near relatives to the satisfaction of the learned trial court.
The applicant shall surrender himself before the Jail Authorities concerned on or before 24.11.2023 at 5:00 PM.
(MADAN GOPAL VYAS),J
(VIJAY BISHNOI),J
32-neha/-
Mohan Singh S/o Shri Mool Singh
State Of Rajasthan
Vijay Bishnoi
Madan Gopal Vyas
As recorded by the court registry
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