Prahlad Soni vs State
2021 Latest Caselaw 17934 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Bail Application (Temporary Suspension Of Sentence Application) No. 766/2021

in

S.B. Cr. Appeal No. 505/2019

Prahlad Soni S/o Sh. Rampal Soni, Aged About 37 Years, R/o Boriyapur P.s. Bagor , Distt. Bhilwara At Present Near Devnarayan Temple , Gopal Sharmas House, Azad Nagar , P.s. Pratap Nagar , Distt. Bhilwara (Raj.) (At Present Lodged In Central Jail Udaipur)

----Petitioner Versus State, Through Pp

----Respondent

For Petitioner(s) : Mr. B.R. Bishnoi For Respondent(s) : Mr. Laxman Solanki, PP

HON'BLE MR. JUSTICE RAMESHWAR VYAS

Order

29/11/2021

The instant bail application under Section 389 Cr.P.C.

has been filed by the applicant for grant of temporary suspension

of sentence on the ground of death of this father against the

judgment dated 6.3.2019 passed by the learned Special Judge

(POCSO Cases), No.2, Bhilwara in Sessions Case No. 91/18

(30/16), whereby the applicant has been convicted and sentenced

for the offences under Section 384, 376(2)(N), 376(2)(F) IPC read

with Section 5(K)/6 and 5(N)/6 of POCSO Act.

Heard learned counsel for the parties.

Learned counsel for the applicant seek temporary

(2 of 2) [SOSA-766/2021]

suspension of sentence for 30 days on the ground of death of his

father on 15.11.2021.

Learned Public Prosecutor has submitted that the fact

of death of father of the applicant has been verified.

Having considered the totality of facts and

circumstances of the case and the fact that father of the applicant

has died on 15.11.2021, I consider it just and proper to suspend

the sentence awarded to the accused appellant temporarily for 7

days.

Accordingly, the instant temporary suspension of

sentence application filed under Section 389 Cr.P.C. is allowed and

it is ordered that the sentence passed by the trial court vide

judgment dated 6.3.2019 in Sessions Case No. 91/18 (30/16),

against applicant Prahlad Soni s/o Rampal Soni shall remain

suspended for a period of seven days from the date of his actual

release subject to furnishing a personal bond in the sum of

Rs.50,000/- with two sureties of Rs.25,000/- each to the

satisfaction of the Superintendent, Central Jail, Udaipur. The

applicant shall surrender before the Superintendent, Central Jail,

Udaipur in the morning of the next day of completion of the period

of temporary bail. The period of bail shall be counted from the

date of actual release.

(RAMESHWAR VYAS),J

93-Mak/-

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