Rajasthan High Court - Jodhpur
Ramphul vs Union Of India on 28 June, 2021
Bench: Sandeep Mehta
(1 of 3) [SOSA-375/2021]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Temporary Suspension Of Sentence
Application (Appeal) No. 375/2021
Ramphul S/o Shri Nathu Lal, Aged About 50 Years, Bhimnagar,
Tehsil Panchapahar, District Jhalawar. (At Present Lodged In
District Jail, Bikaner).
----Petitioner
Versus
Union Of India, Through Ncb
----Respondent
For Petitioner(s) : Mr. Ramniwas Bishnoi, through VC
For Respondent(s) : Mr. M.R. Pareek, Special P.P.
HON'BLE MR. JUSTICE SANDEEP MEHTA
Order
28/06/2021
The instant application for temporary suspension of
sentence under Section 389 CrPC has been preferred on behalf of
the appellant-applicant Ramphul S/o Nathu Lal, who has been
convicted and sentenced for the offences under Sections 8/18
(Kha) read with Section 25 and 29 of the NDPS Act vide the
judgment dated 18.11.2019 passed by the learned Special Judge,
NDPS Act Cases, Hanumangarh in Sessions Case No.36/2018, on
the ground that his mother Smt. Fula Bai has passed away on
17.04.2021.
The factum regarding the death of Smt. Fula Bai W/o
Nathu Lal is sought to be established through a death certificate
(2 of 3) [SOSA-375/2021]
placed on record. This court is informed that the appellant was
previously granted interim bail vide order dated 13.01.2020 on
the ground that his father had expired.
Learned counsel for the appellant-applicant submits
that the appellant returned back to jail immediately on completion
of the period of interim bail. Thus, he submits that the appellant
may be granted interim bail for a period of 10 days so as to enable
him to perform the remaining customary rituals pursuant to the
death of his mother.
Learned Special Public Prosecutor through formally
opposed the application, but he too is not in a position to dispute
the fact that as per the death certificate placed on record, the
appellant's mother has passed away on 17.04.2021. It is admitted
that the appellant was previously granted temporary bail vide
order dated 13.01.2020 in almost similar circumstances when his
father expired.
In this background and taking a humanitarian view of
the matter, the application for temporary suspension of sentence
is allowed. The sentence awarded to appellant-applicant Ramphul
S/o Nathu Lal by learned Special Judge, NDPS Act Cases,
Hanumangarh in Sessions Case No.36/2018 vide judgment dated
18.11.2019 shall remain suspended for a period of 10 days from
the date of his actual release subject to the condition that he
deposits a sum of Rs.5,00,000/- as security with the trial court
and furnishes a personal bond in the sum of Rs.2,00,000/- and
two sound and solvent sureties of Rs.1,00,000/- each to the
satisfaction of the trial court. The applicant appellant shall
surrender before the Superintendent Central Jail, Bikaner in the
morning of the next day of completion of the period of temporary
(3 of 3) [SOSA-375/2021]
bail. If the appellant-applicant does not surrender on the given
date, then the trial court shall forfeit the amount of security
deposited by the appellant and shall issue arrest warrant against
him immediately.
(SANDEEP MEHTA),J
56-Pramod/-
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