Dharamveer @ Dharma Ram vs State
2021 Latest Caselaw 13184 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 501/2021

Dharamveer @ Dharma Ram S/o Ram Karan, Aged About 34 Years, By Caste Jat, R/o Nyangal Badi, Tehsil Rajgarh, District Churu.

(Lodged At Central Jail Bikaner).

----Petitioner

Versus

The State of Rajasthan

----Respondent

For Petitioner(s) : Mr. Pradeep Choudhary For Respondent(s) : Mr. R.R. Chhapparwal, P.P. For Complainant(s) : Mr. Bhagat Dadhich

HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

27/08/2021

This criminal misc. temporary suspension of sentence

application (appeal) under Section 389 Cr.P.C. has been filed on

behalf of the petitioner with a prayer that the sentence awarded to

him by the Additional Sessions Judge No.1, Rajgarh, District Churu

(hereinafter to be referred as 'the trial court') vide order dated

03.09.2020 may kindly be suspended temporarily for a period of

20 days on account of death of his younger brother Chandveer.

Learned counsel for the petitioner has submitted that on

account of death of younger brother of the petitioner the sentence

(2 of 3) [SOSA-501/2021]

awarded to the petitioner by the trial court may kindly be

suspended temporarily for a period of 20 days.

The factum of death of brother of the petitioner has been

verified by the police and the report of this effect has been

produced by learned Public Prosecutor.

Heard learned counsel for the parties on temporary

suspension of sentence application and perused the material

available on record.

Having considered the totality of facts and circumstances of

the case, we consider it just and proper to temporarily suspend

the substantive sentence awarded to the accused petitioner for the

period of 20 days from 29.08.2021 to 18.09.2021.

Accordingly, this application seeking temporary suspension of

sentence filed under Section 389 Cr.P.C. is allowed and it is

ordered that the substantive sentence passed by the trial court

vide judgment dated 03.09.2020 in Sessions Case No.23/2018

against petitioner - Dharamveer @ Dharma Ram S/o Ram Karan

shall remain temporarily suspended for the period of 20 days from

29.08.2021 to 18.09.2021 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 of Central Jail, Bikaner

with the incorporation that he would surrender before the

concerned jail authority after completion of 20 days period from

29.08.2021 to 18.09.2021.

It is made clear that in any case the petitioner shall

surrender himself before the concerned jail authority on or before

18.09.2021 at 10:00 A.M., failing which, the trial court shall report

the matter to this Court.

(3 of 3) [SOSA-501/2021]

The report received from the SHO, Police Station Rajgarh,

District Churu be taken on record.

(VINIT KUMAR MATHUR),J (VIJAY BISHNOI),J

Abhishek Kumar S.No.111

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