Punamchand vs State
2021 Latest Caselaw 9276 Raj

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.

(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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