Raju @ Khediya @ Rajendra Kumar vs State Of Rajasthan
2021 Latest Caselaw 9799 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension of Sentence Application (Appeal) No. 352/2021

Raju @ Khediya @ Rajendra Kumar S/o Sh. Madan Lal, Aged About 48 Years, B/c Luhar, R/o A-9, Bapu Nagar, Bhilwara (Raj.). (At Present Lodged In Central Jail, Ajmer).

----Petitioner

Versus

State of Rajasthan, Through PP

----Respondent

For Petitioner(s) : Mr. Kalu Ram Bhati, through VC For Respondent(s) : Mr. Javed Gauri, PP

HON'BLE MR. JUSTICE RAMESHWAR VYAS (VACATION JUDGE)

Order 18/06/2021

This criminal misc. suspension of sentence application

(appeal) under Section 389 Cr.P.C. has been filed on behalf of the

appellant with a prayer for temporary suspending the sentence

awarded to him by the Learned Special Judge, NDPS Cases,

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

dated 18.01.2021 passed in Sessions Case No.26/2017 for the

period of 30 days for the purpose of appellant's mother ailments.

Learned counsel for the appellant submits that during

treatment appellant's mother died on 12.06.2021. Learned

counsel for the appellant seeks release on interim bail for a period

of 30 days.

Learned Public Prosecutor opposed the grant of interim bail

to the appellant.

                                                                                (2 of 2)                 [SOSA-352/2021]


                                         Heard        learned   counsel       for     the     parties   on   temporary

suspension of sentence application and perused the material

available on record.

In the facts and circumstances of the case, particularly the

statement given by the learned counsel for the petitioner, without

expressing any opinion on merits of the case, I consider it just and

proper to temporary suspend the substantive sentence awarded to

the accused petitioner for the period of 10 days from the date of

his actual release.

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 18.01.2021 passed in Sessions Case No.26/2017

against appellant - Raju @ Khediya @ Rajendra Kumar S/o Sh.

Madan Lal shall remain temporarily suspended for the period of 10

days, 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 learned trial Judge with the incorporation that

he would surrender before the concerned jail authority after

completion of 10 days.

It is made clear that in any case the appellant shall

surrender himself before the concerned jail authority after

completion of 10 days from the date of his actual release, failing

which, the trial court shall report the matter to this Court.

(RAMESHWAR VYAS (VACATION JUDGE)),J 63-rahul arya/-

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