Kailash vs State Of Rajasthan
2022 Latest Caselaw 6321 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc Temporary Suspension Of Sentence Application (Appeal) No. 333/2022

Kailash S/o Ram Chandra, Aged About 30 Years, R/o Nai Abadi, Teek, Putholi, Police Station Chanderia, District Chittorgarh. (At Present Lodged In Central Jail Udaipur).

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

----Respondent

For Petitioner(s) : Mr. Abhishek Charan For Respondent(s) : Mr. R.R. Chhaparwal, P.P.

HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

Order

28/04/2022

The instant application for temporary suspension of

sentences under Section 389 CrPC has been preferred on behalf of

the appellant-applicant Kailash S/o Ram Chandra, who has been

convicted and sentenced for the offences under Sections 302 read

with Section 34 and 120-B IPC vide the judgment dated

19.12.2019 passed by the learned Additional Sessions Judge,

No.2, Nimbahera, District Chittorgarh in Sessions Case

No.34/2018 (CIS No.7/2018), on the ground of marriage of his

brother.

In compliance of the order dated 26.04.2022, the

learned Public Prosecutor has procured a report from the SHO,

Police Station Sadar Nimbaheda, District Chittorgarh, who has

(2 of 2) [SOSA-333/2022]

verified the fact that the marriage of Rajesh Khateek, brother of

the appellant-applicant Kailash, is going to be solemnized on

03.05.2022.

In this background and taking a humanitarian view of

the matter, the application for temporary suspension of sentences

is allowed. The sentences awarded to appellant-applicant Kailash

S/o Ram Chandra by learned Additional Sessions Judge,

No.2, Nimbahera, District Chittorgarh in Sessions Case

No.34/2018 (CIS No.7/2018) vide judgment dated

19.12.2019 shall remain suspended for a period of seven 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, Udaipur in the morning of the next day of completion

of the period of temporary bail.

(VINOD KUMAR BHARWANI),J (SANDEEP MEHTA),J

119-Pramod/-

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