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Gajendra Singh vs State Of Rajasthan
2021 Latest Caselaw 1019 Raj

Citation : 2021 Latest Caselaw 1019 Raj
Judgement Date : 14 January, 2021

Rajasthan High Court - Jodhpur
Gajendra Singh vs State Of Rajasthan on 14 January, 2021
Bench: Pushpendra Singh Bhati
     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
     S.B. Criminal Misc. Tempporary Suspension Of Sentence
                    Application (Appeal) No. 10/2021

Gajendra Singh S/o Sh. Laxman Singh, Aged About 42 Years,
B/c Rawna Rajput, R/o Bedwa, P.S. Khunkhuna, Distt. Nagaur
(Raj) (Presently Lodged In District Jail, Nagaur)
                                                                      ----Petitioner
                                     Versus
State Of Rajasthan
                                                                  ----Respondent


For Petitioner(s)           :     Mr. Vineet Jain
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 suspension of sentence application has been

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

judgment    and     order       dated    31.01.2019          passed     by   learned

Additional Sessions Judge No.3, Parbatsar, District Nagour in

Sessions Case No.49/2018 for the offences punishable under

Sections 8/18, 8/25 NDPS Act, seeking temporary 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 submits that the grand

mother of the appellant has expired on 03.01.2021.




                      (Downloaded on 15/01/2021 at 08:55:12 PM)
                                                                               (2 of 2)                [SOSA-10/2021]



                                        Learned Public Prosecutor confirms that the grand mother of

                                   the appellant has expired.

                                        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 07 days 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 07 days 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

                                   Gajendra      Singh     S/o      Sh.      Laxman          Singh,   shall   remain

                                   suspended for a period of 07 days 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 07 days from the date of his actual

                                   release.

                                        Let the matter be again listed on 27.01.2021 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.

73-Zeeshan

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