Laxman Singh vs State
2021 Latest Caselaw 17122 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc Temporary Suspension Of Sentence Application (Appeal) No. 734/2021

Laxman Singh S/o Shri Bheru Singh, Aged About 41 Years, R/o Village Jadan, District Pali (Lodged In Central Jail, Jodhpur)

----Petitioner Versus State, Through PP

----Respondent

For Petitioner(s) : Mr. Jagdish Singh For Respondent(s) : Mr. B.R. Bishnoi, AGC

HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE SAMEER JAIN

Order

16/11/2021

The instant application for temporary suspension of

sentence under Section 389 CrPC has been preferred on behalf of

the appellant-applicant Laxman Singh S/o Bheru Singh, who has

been convicted and sentenced for the offences under Sections

341, 323/34, 364/34, 302/34 IPC and Section 3(2)(v) of the

SC/ST Act vide the judgment dated 11.07.2011 passed by the

learned Special Judge, SC/ST Act Cases, Pali in Sessions Case

No.122/2000, on the ground that his niece is to be married on

21.11.2021. The appellant is the only able-bodied man in the

family, who can make arrangements for the wedding and also

perform Kanyadan ceremony.

Learned Public Prosecutor has submitted a verification

report affirming the fact that the appellant's niece Durgesh

Kanwar is to be married on 21.11.2021. As per this verification

(2 of 2) [SOSA-734/2021]

report, the appellant is the only able-bodied man in his family as

his brother and father have passed away. The appellant has

availed six regular paroles, five emergent paroles and two interim

bail facilities satisfactorily.

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 Laxman

Singh S/o Bheru Singh by learned Special Judge, SC/ST Act

Cases, Pali in Sessions Case No.122/2000 vide judgment dated

11.07.2011 shall remain suspended for a period of 15 days from

the date of his actual release upon furnishing a personal bond in

the sum of Rs.1,00,000/- and two sound and solvent sureties of

Rs.50,000/- each to the satisfaction of the trial court. The

applicant appellant shall surrender before the Superintendent

Central Jail, Jodhpur in the morning of the next day of completion

of the period of temporary bail.

                                   (SAMEER JAIN),J                                           (SANDEEP MEHTA),J


                                    37-Pramod/-









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