Keshar Singh vs State Of Rajasthan
2022 Latest Caselaw 5134 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) (Temporary) No. 232/2022

Keshar Singh S/o Late Shri Hari Singh, Aged About 38 Years, R/o Sanderav Ps Sanderav Tehsil Sumerpur Distt. Pali (At Present Lodged In Open Air Camp Barmer)

----Petitioner Versus State Of Rajasthan, Through PP

----Respondent

For Petitioner(s) : Mr. S.D. Chavariya For Respondent(s) : Mr. R.R. Chhaparwal, PP

HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE FARJAND ALI

Order

06/04/2022

The instant temporary suspension of sentence application

under Section 389 CrPC has been preferred on behalf of the

appellant-applicant Keshar Singh S/o Late Shri Hari Singh, who

has been convicted and sentenced for the offences under Sections

302/149, 143, 452 and 323 IPC vide judgment dated 03.03.2017

passed by the learned Additional Sessions Judge Bhinmal, District

Jalore in Sessions Case No.57/2013 (CIS No.219/2014).

The appellant-applicant is seeking temporary suspension of

sentence of 30 days on the ground that marriages of his nephew

and niece (Jaspal Singh Rathore and Kusum Kanwar) are

scheduled to be solemnized on 15.04.2022 and 19.04.2022

respectively and as father of the Jaspal Singh and Kusum Kanwar

is no more thus, the presence of the applicant-appellant would be

(2 of 2) [SOSA-232/2022]

indispensable so as to perform rites and rituals of the marriage

because the father of the children (who are going to be married),

Shri Samunder Singh has been the brother of the applicant-

appellant and after his sad demise, there is no elder face in their

family.

Learned Public Prosecutor has placed on record a report

forwarded by the SHO, PS Ramseen, District Jalore by way of

verification of the above-mentioned facts.

In this background and considering the fact that the

applicant-appellant's presence is essential for performing rites

and rituals of the marriage of his nephew and niece, the instant

application for temporary suspension of sentence deserves to be

and is hereby allowed. The sentences awarded to appellant-

applicant Keshar Singh S/o Late Shri Hari Singh, by the learned

Additional Sessions Judge Bhinmal, District Jalore in Sessions Case

No.57/2013 (CIS No.219/2014) vide judgment dated 03.03.2017

shall remain temporarily suspended and he shall be released on

temporary bail for a period of 20 days from the date of his actual

release, subject to furnishing a personal bond in the sum of

Rs.50,000/- along with two sound and solvent sureties in the sum

of Rs.25,000/- each to the satisfaction of the trial court. The

applicant shall surrender before the Superintendent, Central Jail,

Jodhpur in the morning of next day of completion of 20 days from

the date of his actual release.

                                   (FARJAND ALI),J                                        (SANDEEP MEHTA),J
                                    94-Mamta/-









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