This application for temporary suspension of sentence under Section 389 Cr.P.C. was rejected. The court held that the alleged illness of the applicant's elder sister (fistula) did not constitute a serious ailment requiring such suspension.
Application for temporary suspension of sentence rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 45/2023
Sharwan Singh @ Ranjeet Singh S/o Late Shri Kishan Singh, Aged About 24 Years, R/o Village Van, P.S. Barloot, District Sirohi (Raj)
(Present lodged in Central Jail, Jodhpur)
----Applicant
Versus
State of Rajasthan
----Respondent
| For Applicant(s) | : Mr. Kalu Ram Bhati |
|---|---|
| Mr. Sunil Dutt Chavariya | |
| For Respondent(s) | : Mr. B.R. Bishnoi, Public Prosecutor |
HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order
17/01/2023
This criminal misc. suspension of sentence application (appeal) under Section 389 Cr.P.C. has been filed on behalf of the applicant-appellant with a prayer for temporary suspension of his sentence for a period of 30 days on the ground that her elder sister is seriously ill.
Learned counsel for the applicant-appellant has submitted that the elder sister of the applicant-appellant is seriously ill, therefore, the sentence awarded to the applicant-appellant by the trial court may kindly be suspended temporarily for a period of 30 days.
(2 of 2) [SOSA-45/2023]
Learned Public Prosecutor has opposed the prayer of the applicant-appellant for temporary suspension of his sentence and submitted the factual report dated 16.01.2023, wherein the SHO, Police Station Barloot, District Sirohi has stated that the elder sister of the petitioner is suffering from disease of fistula.
Heard learned counsel for the parties on temporary suspension of sentence application and perused the material available on record.
Having considered the totality of the facts and circumstances of the case, we are of the opinion that since the elder sister of the applicant-appellant is not suffering from any serious illness, no case for temporary suspension of sentence is made out, hence, we are not inclined to suspend the substantive sentence awarded to the accused applicant-appellant temporarily.
Accordingly, this application for temporary suspension of sentence is rejected.
The factual report dated 16.01.2023 be taken on record.
(PRAVEER BHATNAGAR),J
(VIJAY BISHNOI),J
Abhishek Kumar S.No.62
1 issue framed by the court
Whether temporary suspension of sentence is warranted given the illness of the applicant's elder sister.
1 provisions across 1 enactments
Sharwan Singh @ Ranjeet Singh
State of Rajasthan
VIJAY BISHNOI
PRAVEER BHATNAGAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
