HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Interim Suspension Of Sentence Application (Appeal) No. 176/2021 Punamchand S/o Shri Hemaram, Aged About 36 Years, B/c Vishnoi, R/o Dungarpur, Thana Rohat, Distt. Pali. Presently 856, Gandhi Nagar, Pali Thana Kotwali Pali (Raj.) (Presently Lodged At Central Jail, Jodhpur).
----Petitioner Versus State, Through P.p.
----Respondent
For Petitioner(s) : Mr. ML Bishnoi, Adv. through VC
For Respondent(s) : Mr. Sudhir Tak, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment / Order
28/04/2021
This present interim suspension of sentence application has been preferred on behalf of the appellant - Punamchand S/o Sh. Hemaram with a prayer for interim suspension of sentence and for releasing him on interim bail for a period of thirty days on the ground that his wife Sushila is suffering from heart disease and the Doctor has advised for surgery.
Learned Public Prosecutor has submitted that from the report dated 19.04.2021 received from the SHO, Police Station Kotwali, Pali, it is confirmed that the wife of the petitioner is ill and she is admitted in Goyal Hospital, Jodhpur where her surgery shall be conducted.
The allegation against the petitioner is of offence punishable under Section 8/18(b) of the NDPS Act.
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(2 of 2) [SOSA-176/2021] Learned counsel for the petitioner has prayed that since the petitioner's wife is admitted in Goyal Hospital, Jodhpur and she shall be operated, therefore his sentence may be suspended and he may be released on interim bail for a period of thirty days.
Having regard to the overall facts and circumstances of the case particularly, keeping in view the fact that the petitioner's wife is hospitalized and she shall be operated, this application for interim suspension of sentence is allowed and it is directed that sentence of the petitioner awarded by the Special Judge, NDPS Cases, Pali in Session Case No.169/2017 vide judgment dated 30.03.2019 shall remain suspended temporarily and the petitioner
- Punamchand S/o Shri Hemaram shall be released on interim bail for a period of thirty days from the date of his actual release, subject to the condition that he shall deposit a demand draft of Rs.5,00,000/- of a nationalized bank executed in favour of the trial court and also furnishes a personal bond of Rs.4,00,000/- with two sound and solvent sureties of Rs.2,00,000/-each to the satisfaction of the trial court.
In any case, the petitioner shall surrender himself before the concerned jail authorities after completion of thirty days' interim bail from the date of his actual release. If the petitioner surrenders before the concerned jail authorities as directed above, the trial court shall return the demand draft of Rs.5,00,000/-, if so deposited with the trial court.
(MANOJ KUMAR GARG),J 138-MS/-
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