Citation : 2021 Latest Caselaw 12319 Raj
Judgement Date : 6 August, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 439/2021
Chainsukh S/o Late Shri Soram, Aged About 42 Years, B/c Jatiya, R/o Sonagar Ke Kheda, P.s. Bengu, District Chittorgarh (At Present Lodged In Central Jail, Udaipur)
----Petitioner Versus State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Kaluram Bhati For Respondent(s) : Mr. R.R. Chhaparwal, P.P.
HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
06/08/2021
The instant application for temporary suspension of
sentence under Section 389 CrPC has been preferred on behalf of
the appellant-applicant Chainsukh s/o Late Shri Soram, who has
been convicted and sentenced for the offence under Section 302
IPC vide the judgment dated 18.07.2018 passed by the learned
Additional Sessions Judge No.2, Chittorgarh in Sessions Case
No.34/2015, on the ground that his father Shri Soram has passed
away on 21.07.2021. A copy of the death certificate issued by the
competent authority has been annexed with the application.
Thus, taking humanitarian view of the matter, we deem it fit to
temporarily suspend the sentences awarded to the appellant-
applicant for a period of 20 days.
(2 of 2) [SOSA-439/2021]
Accordingly, the application for temporary suspension
of sentence is allowed. The sentence awarded to appellant-
applicant Chainsukh S/o Soram by learned Additional Sessions
Judge No.2, Chittorgarh in Sessions Case No.34/2015 vide
judgment dated 18.07.2018 shall remain suspended for a period
of 20 days from the date of his actual release subject to furnishing
a personal bond in the sum of Rs.80,000/- and one sound and
solvent surety in the like amount to the satisfaction of the trial
court. The applicant appellant shall surrender before the
Superintendent Central Jail, Udaipur in the morning of the next
day of completion of the period of temporary bail. The period of
bail shall be counted from the date of actual release.
(VINIT KUMAR MATHUR),J (SANDEEP MEHTA),J
15-Pramod/-
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