Bhawani Singh vs State Of Rajasthan
2021 Latest Caselaw 9693 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

D.B. Criminal Misc Interim Suspension Of Sentence Application (Appeal) No. 289/2021

Bhawani Singh S/o Shri Mod Singh, Aged About 59 Years, B/c

Rajput, R/o Village Bhandu Kalan, Police Station Jhanwar, District

Jodhpur.

(At Present Lodged In Central Jail, Jodhpur)

----Appellant Versus

State of Rajasthan, through P.P.

----Respondent

For Petitioner(s) : Mr. Vinod Kumar Sharma (through VC)

For Respondent(s) : Mr. S.K. Bhati, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE RAMESHWAR VYAS

Order

03/06/2021

Heard learned counsel for the parties and perused

the material on record.

This application for temporary suspension of

sentences has been preferred on behalf of appellant -

Bhawani Singh son of Mod Singh with a prayer that the

sentences awarded to him by the trial court may be

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suspended for a period of six months as the appellant is

HIV+ and at present he is suffering from lung disease

and for that purpose, he is required to be treated at the

Aryan Hospital, Jodhpur and at his residence.

Learned counsel for the appellant has submitted that

earlier also, on several occasions, this Court while taking

into consideration the fact that the appellant is HIV+ and

requires treatment has granted interim bail to the

appellant.

Learned Public Prosecutor has also confirmed the

fact that the appellant is HIV+ and at present he is also

suffering from lung disease.

Taking into consideration the overall facts and

circumstances of the case, we deem it proper to allow

this application for temporary suspension of sentences

and it is ordered that the sentences awarded to appellant

- Bhawani Singh son of Mod Singh by the Addl. Sessions

Judge No.4, Jodhpur Metropolitan vide judgment dated

20.9.2019 in Sessions Case No.222/2012 (75/2005) shall

remain temporarily suspended for a period of three

months from tomorrow on usual conditions, provided he

executes a personal bond in the sum of Rs.50,000/-

along with two sureties in the sum of Rs.25,000/- each to

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the satisfaction of the Superintendent, Central Jail,

Jodhpur.

In any case, appellant - Bhawani Singh son of Mod

Singh shall surrender before the Superintendent, Central

Jail, Jodhpur on or before 4 th September, 2021 at 10:00

AM positively.

(RAMESHWAR VYAS), J (VIJAY BISHNOI), J

ms rathore

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