Ratan vs State Of Rajasthan
2021 Latest Caselaw 1017 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
 S.B. Criminal Misc. Interim Suspension Of Sentence Application
                         (Appeal) No. 861/2020

Ratan S/o Sh. Kaniram Banjara, Aged About 45 Years, R/o Jeeva
Nayak Ka Kheda, Thana Gangrar, Dist. Chittorgarh. (Presently
Lodged At Central Jail, Udaipur).
                                                                     ----Petitioner
                                     Versus
State Of Rajasthan, Through Pp
                                                                   ----Respondent


For Petitioner(s)           :    Mr. Mangi Lal Vishnoi
For Respondent(s)           :    Mr. S.K. Bhati, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                      Order

14/01/2021

     In wake of onslaught of COVID-19, abundant caution is being

taken while hearing the matters in Court.

     The present interim suspension of sentence application has

been filed by the appellant under Section 389 Cr.P.C. against the

judgment and order dated 20.08.2015 passed by learned Special

Judge,   NDPS       Cases       No.1,     Chittorgarh         in   Sessions   Case

No.17/1999 for the offences punishable under Sections 8/18, 8/29

NDPS Act, seeking interim suspension of sentence.

     Heard learned counsel for the appellant and learned Public

Prosecutor and perused the material available on record.

     Learned counsel for the appellant has given the treatment

slip of the appellant, which is confirmed by the learned Public

Prosecutor, which reveals that his son was admitted to Neuro

I.C.U. and has been taken on Mechanical Ventilator.


                      (Downloaded on 15/01/2021 at 08:55:10 PM)
                                                                              (2 of 2)                 [SOSA-861/2020]



                                         Looking to the facts and circumstances of this case, this

                                   Court is of the opinion that the sentence of appellant deserves to

                                   be suspended for a period of one month from the date of his

                                   actual release, with the condition that the appellant will submit

                                   personal security bond of Rs.1 lac with the assurance/ guarantee

                                   of his family member that he/she will ensure surrender of the

                                   accused-appellant before the concerned Jail Authorities in the

                                   morning of next day of completion of one month from the date of

                                   his actual release.

                                         Accordingly, the application for temporary suspension of

                                   sentence is allowed and it is ordered that sentence of appellant

                                   Ratan S/o Sh. Kaniram Banjara, shall remain suspended for a

                                   period of one month from the date of his actual release on his

                                   furnishing personal bond of Rs.1,00,000/- (Rupees One Lac only)

                                   along   with    undertaking/       assurance/guarantee            of   his   family

                                   member that he/she will ensure surrender of the accused-

                                   appellant before the concerned Jail Authorities in the morning of

                                   next day of completion of one month from the date of his actual

                                   release.

                                         Let the matter be again listed on 22.01.2021 for further

                                   orders. On that date, learned Public Prosecutor and counsel for the

                                   appellant shall be required to submit the compliance of the

                                   aforesaid order.


                                                                  (DR. PUSHPENDRA SINGH BHATI),J.

72-Zeeshan/-

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