Citation : 2021 Latest Caselaw 11277 Raj
Judgement Date : 22 July, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 415/2021
Ram Singh S/o Late Shri Kalu Ram @ Kaliya, Aged About 41 Years, R/o Sewana, Banswara Kotwali Police Station, Banswara District Banswara. (Presently Lodged In Central Jail, Udaipur).
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Mridul Jain
Mr. Bhagat Dadhich
For Respondent(s) : Mr. Farzand Ali, G.A.-cum-A.A.G.
Mr. Arun Kumar, PP
HON'BLE MR. JUSTICE SANDEEP MEHTA
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
(THROUGH VIDEO CONFERENCING)
Judgment
22/07/2021
The petitioner has filed this application for temporary
suspension of sentences on the ground that his father passed
away during the peak of Covid pandemic on 12.05.2021.
Previously, he had approached this Court by filing application for
temporary suspension of sentences (No.345/2021) which was
dismissed by this Court by order dated 25.05.2021 because the
COVID lockdown was prevailing. The petitioner was granted
liberty to renew the prayer for temporary suspension of sentences
after lifting of the lockdown.
(2 of 2) [SOSA-415/2021]
Now, as the restrictions have been relaxed, the instant
application for temporary suspension of sentence has been
moved.
Presence of the applicant-appellanat with his family members
for performing the social rites pursuant to death of his father is
unquestionable. In this view of the matter, the instant application
for temporary suspension of sentences deserves to be accepted. It
is hereby directed that the sentences awarded to the applicant-
appellant Ram Singh S/o Shri Kalu Ram @ Kaliya shall remain
suspended and he shall be released on temporary bail for a period
of fifteen days from the date of his release provided he furnishes a
personal bond in the sum of Rs.80,000/- with two sound and
solvent sureties in the sum of Rs.40,000/- each to the satisfaction
of the trial court. The Superintendent, Central Jail, concerned shall
give the date of surrender to the appellant as per the date on
which he is released from custody. Needless to say that after
completion of the aforesaid period, the applicant-appellant shall
surrender before the concerned jail authorities.
The application for temporary suspension of sentences is
allowed accordingly.
(DEVENDRA KACHHAWAHA),J (SANDEEP MEHTA),J
1-Sudhir Asopa/-
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