Deva vs State
2022 Latest Caselaw 5305 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc Temporary Suspension Of Sentence Application (Appeal) No. 231/2022

Deva S/o Khetiya Bheel, Aged About 34 Years, Kathwara, Police Station Kathwara, Dist. Dahod (Guj.) (Lodged In Central Jail, Udaipur).

----Petitioner Versus State, Through Pp

----Respondent

For Petitioner(s) : Mr. S.D. Chanvariya, on behalf of Mr. J.V.S Deora For Respondent(s) : Mr. B.R. Bishnoi, AGC

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

Order

08/04/2022

The instant application for temporary suspension of

sentences under Section 389 CrPC has been preferred on behalf of

the appellant-applicant Deva S/o Khetiya Bheel, who has been

convicted and sentenced for the offences under Sections 449, 395,

397 and 396 IPC vide the judgment dated 17.11.2021 passed by

the learned Additional Sessions Judge, Begu, District Chittorgarh

in Sessions Case No.7/2021 [34/2013], on the ground that his son

Rajesh is to be married on 14.04.2022.

Learned Public Prosecutor has received a verification

report from the Police Station Rawatbhata, District Chittorgarh

regarding wedding of the petitioner's son Rajesh with Mst. Sarla.

As the factum of marriage of the appellant's son on 14.04.2022

has been verified and since presence of the appellant in the family

(2 of 2) [SOSA-231/2022]

to perform the customary rites and rituals is essential, we are

inclined to accept the instant application for temporary suspension

of sentences.

Accordingly, the instant application for temporary

suspension of sentences is allowed. The sentences awarded to

appellant-applicant Deva S/o Khetiya Bheel by learned

Additional Sessions Judge, Begu, District Chittorgarh in Sessions

Case No.7/2021 [34/2013] vide judgment dated 17.11.2021

shall remain suspended for a period of 10 days from the date of

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

Rs.80,000/- and two sound and solvent sureties of Rs.40,000/-

each to the satisfaction of the Superintendent, Central Jail,

Udaipur. The applicant appellant shall surrender before the

Superintendent Central Jail, Udaipur in the morning of the next

day of completion of the period of temporary bail.

                                   (FARJAND ALI),J                                           (SANDEEP MEHTA),J
                                    32-Pramod/-









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