Raju vs State Of Rajasthan
2021 Latest Caselaw 9105 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc Suspension of Sentence Application (Appeal) No. 303/2021

Raju S/o Sh. Mohan Ji, aged about 33 Years, B/c Bheel, R/o Sanwalpura Changedi, P.S. Fateh Nagar, Distt. Udaipur.

(Presently lodged in Central Jail, Udaipur).

----Petitioner Versus State of Rajasthan through PP

----Respondent

For Petitioner(s) : Mr. J.V.S. Deora. For Respondent(s) : Mr. R.R. Chhaparwal, PP.

HON'BLE MR. JUSTICE SANGEET LODHA HON'BLE MR. JUSTICE RAMESHWAR VYAS

Order

08/04/2021

This application seeking temporary suspension of sentence is

filed by the appellant/applicant for a period of thirty days, who has

been convicted for offences under Sections 302/34, 397/34 and

460 of IPC is presently undergoing life imprisonment in Central

Jail, Udaipur.

Learned counsel for the applicant submits that applicant's

father, namely, Sh. Mohanlal Bheel has expired on 30.03.2021 and

the applicant being the only son, his presence is required to

perform the last rites.

Learned Public Prosecutor has submitted factual report,

wherein the factum of applicant's father is confirmed. It is also not

disputed that the applicant is the only son of deceased Sh.

Mohanlal Bheel.

(2 of 2) [SOSA-303/2021]

In this view of the matter, on humanitarian ground, the

instant application for temporary suspension of sentences filed

under Section 389 Cr.P.C. is allowed and it is ordered that the

sentences passed by the learned Additional Sessions Judge, No.1,

Udaipur, vide judgment dated 13.08.2019 in Session Case

No.6/2017 against the appellant-applicant, Raju S/o Sh. Mohan Ji,

shall remain temporarily suspended for a period of six days and he

shall be released on temporary bail for the period from

10.04.2021 to 15.04.2021, provided he executes a personal bond

in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each,

to the satisfaction of the Superintendent, Central Jail, Udaipur on

usual terms and conditions. The applicant shall surrender before

the Superintendent, Central Jail, Udaipur on 16.04.2021. The said

conditions be incorporated in the bonds also.

(RAMESHWAR VYAS),J (SANGEET LODHA),J

50-DJ/-

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