Ganga Singh vs State Of Rajasthan
2022 Latest Caselaw 14280 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR S.B. Criminal Application for Interim Suspension of Sentence No.1209/2022 in S.B. Criminal Appeal No.5/2020 Ganga Singh S/o Budha Ram, by caste Rajpurohit, aged 27 years, resident of Toliyasar, Police Station Sri Dungargarh, district Bikaner.

(At present lodged in Central Jail, Bikaner)

----Appellant Versus State Of Rajasthan

----Respondent

For Appellant(s) : Mr. S.K. Sainee For Respondent(s) : Mr. Javed Gori, PP Mr. Ranjeet Joshi

HON'BLE MR. JUSTICE FARJAND ALI

Order

05/12/2022

The instant application for temporary suspension of sentence

under Section 389 CrPC has been preferred on behalf of the

appellant-applicant Ganga Singh S/o Budha Ram, who has been

convicted and sentenced for the offences under 363, 366-K,

376(3) & 506 of the IPC vide judgment dated 03.12.2019 passed

by the learned Special Judge, POCSO Act Cases, Bikaner in

Sessions Case No.184/2018, seeking interim bail for a period of

10 days on the ground to attend the last rites of his brother

Sharwan Singh.

Heard learned counsel for the parties and perused the

material available on record.

Learned counsel for the applicant-appellant submits that the

brother (Sharwan Singh) of the applicant-appellant has passed

away on 30.11.2022 and he wants to attend the last rites and

(2 of 2) [SOSA1209/2022]

rituals, which are essential to be carried out as per the Hindu

customs.

Learned Public Prosecutor has submitted a letter dated

01.12.2022 received from the Superintendent, Central Jail,

Bikaner in which verification report received from the SHO, Police

Station Sri Dungargarh, District Bikaner, affirms the fact that the

applicant-appellant's brother Sharwan Singh has expired on

30.11.2022.

In this background and taking a humanitarian view of the

matter, this court is of the opinion that the petitioner deserves

indulgence of interim bail for a period of 15 days from the date of

his actual release so that he can perform the last rites and rituals

pursuant to the death of his brother.

In this view of the matter, the application for temporary

suspension of sentence is hereby allowed and it is ordered that

the sentences passed by the learned Special Judge, POCSO Act

Cases, Bikaner vide judgment dated 03.12.2019 in Sessions Case

No.184/2018 against the appellant-applicant Ganga Singh S/o

Budha Ram shall remain suspended for a period of 15 days

commencing from the date of his actual release provided he

executes a personal bond of Rs.50,000/- and two sound and

sureties of Rs.25,000/- each to the satisfaction of the learned trial

court. The applicant shall surrender before the jail authorities in

the morning of the next day of completion of the period of

temporary bail. The Superintendent of the concerned jail shall give

the date of surrender to the petitioner.

(FARJAND ALI),J

Cuppl. 1-amit/-

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