Citation : 2021 Latest Caselaw 12320 Raj
Judgement Date : 6 August, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 324/2021
Bhawani Singh S/o Sh. Mahaveer Singh, Aged About 29 Years, B/c Rajput, R/o Jandwa, Tehsil Ratangarh, Dist. Churu (At Present Lodged In Open Air Camp, Sanganer Under Central Jail, Jaipur).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Ms. Laxmi Ramawat
For Respondent(s) : Mr. R.R. Chhparwal, 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 Bhawani Singh S/o Mahaveer Singh, who
has been convicted and sentenced for the offences under Sections
302/149, 148, 427 and 341 IPC vide judgment dated 21.12.2017
passed by the learned Additional Sessions Judge, Ratangarh,
District Churu in Sessions Case No.16/2012, on the ground that
his mother Smt. Sayar Kanwar has passed away on 20.04.2021.
The death certificate issued from the concerned hospital has been
annexed with the application for suspension of sentences.
Previously also, the appellant-applicant was granted interim bail
on the ground that his grandmother had passed away and the
applicant reportedly surrendered after availing the said indulgence.
(2 of 2) [SOSA-324/2021]
He is presently lodged at the Open Air Camp, Sanganer. In view
of the above facts and taking humanitarian view of the matter, we
deem it fit to temporarily suspend the sentences awarded to the
appellant-applicant for a period of 15 days.
Accordingly, the application for temporary suspension
of sentence is allowed. The sentence awarded to appellant-
applicant Bhawani Singh S/o Mahaveer Singh by learned
Additional Sessions Judge, Ratangarh, District Churu in Sessions
Case No.16/2012 vide judgment dated 21.12.2017 shall remain
suspended for a period of 15 days from the date of his actual
release subject to furnishing a personal bond in the sum of
Rs.1,00,000/- and two sound and solvent sureties of Rs.50,000/-
each to the satisfaction of the trial court. The applicant appellant
shall surrender before the concerned jail authority 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
12-Pramod/-
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