The High Court allowed the suspension of sentence for 20 days allowing the appellant to perform funeral rituals for his deceased grandfather upon execution of a personal bond and surrender back on the expiry date.
Sentence temporarily suspended up to 24.07.2023 contingent upon execution of personal bond and surrender.
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[2023:RJ-JD:21441-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 777/2023
Vijayraj @ Binjaram S/o Shri Bagduram, Aged About 23 Years, B/c Bavri, R/o Lambariya Sarhad Mohrai, P.s. Jaitaran, District Pali (Raj.) (Presently Lodged In Central Jail, Jodhpur)
----Petitioner
----Respondents
| For Petitioner(s) | : Mr. Kalu |
Ram Bhati |
|---|---|---|
| For Respondent(s) | : Mr. R.R. |
Chhaparwal,PP |
HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI Order
14/07/2023
Heard.
This criminal misc. application has been preferred on behalf of the applicant with a prayer that the sentence awarded to the applicant vide judgment dated 27.1.2021 passed by the Special Judge, POCSO Act Cases No.3, Pali (hereinafter to be referred as ‘the trial court’) in Sessions Case No.10/2019 may kindly be suspended temporarily for a period of 20 days on account of death of his grandfather.
In the application, it is averred that the applicant’s grandfather expired on 08.07.2023 and the death certificate is also annexed with the aforesaid application.
Learned counsel for the applicant has submitted that on account of death of applicant’s grandfather, the sentence awarded
[2023:RJ-JD:21441-DB]
[SOSA-777/2023]
(2 of 2)
to him by the trial court may kindly be suspended temporarily so that he may participate in the rituals.
Learned Public Prosecutor has submitted a factual report, wherein the factum of death of applicant’s grandfather on 08.07.2023 has been verified.
Heard learned counsel for the parties on the application for temporary suspension of sentence and perused the material available on record.
Having considered the totality of the facts and circumstances of the case, we consider it just and proper to suspend the sentence awarded to the applicant temporarily.
Accordingly, this application seeking temporary suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentence passed by the trial court vide judgment dated 27.01.2021 in Sessions Case No.10/2019 against applicant – Vijayraj @ Binjaram S/o Shri Bagduram shall remain temporarily suspended up to 24.07.2023, provided he executes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/each of the applicant’s near relatives to the satisfaction of the learned trial court with an incorporation that applicant - Vijayraj @ Binjaram S/o Shri Bagduram shall surrender himself before the concerned jail authorities on or before 24.07.2023 at 5 PM.
(RAJENDRA PRAKASH SONI),J
(VIJAY BISHNOI),J
47-nitin/-
1 issue framed by the court
Whether the sentence awarded to the appellant may be temporarily suspended to enable him to participate in the funeral rituals of his deceased grandfather.
1 provisions across 1 enactments
Vijayraj @ Binjaram S/o Shri Bagduram
State Of Rajasthan
Santosh W/o Shri Manak Ram
Vijay Bishnoi
Rajendra Prakash Soni
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
