Pramod Kumar vs State Of Rajasthan
2022 Latest Caselaw 14558 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1233/2022

IN S.B. Criminal Appeal No.1009/2017

Pramod Kumar S/o Sh. Sumer Singh, Aged About 32 Years, B/c Jat, R/o Dhani Panne Singhpura, Post Ratan Nagar, Dist. Churu. (Presently Lodged In Central Jail, Bikaner).

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

----Respondent

For Petitioner(s) : Mr. SK Chaveriya For Respondent(s) : Mr. Gaurav Singh, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

12/12/2022

The instant application for interim suspension of sentence

under Section 389 Cr.P.C. has been preferred on behalf of the

appellant-applicant Pramod Kumar S/o Sh. Sumer Singh, who has

been convicted and sentenced for the offences under Sections

8/15 & 29 NDPS Act Cases vide judgment dated 05.05.2017

passed by the learned Special Judge, NDPS Act Cases,

Hanumangarh in Sessions Case No.13/2014, seeking interim bail

for a period of 30 days'.

Heard learned counsel for the parties and perused the

material available on record.

A interim prayer has been sought on the ground that the wife

of the appellant is expecting and the approximate time given by

(2 of 2) [SOSA-1233/2022]

the Medical Officer would be 06.01.2023. There is no other

member to take care of his wife. He further submits that the

appellant wants to be with his wife so as to take care of her.

Learned Public Prosecutor does not oppose the prayed made

by learned counsel for the appellant.

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 30 days' from 24.12.2022

so that he can take care of his wife.

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, NDPS Act

Cases, Hanumangarh vide judgment dated 05.05.2017 Sessions

Case No.13/2014 against the appellant-applicant Pramod Kumar

S/o Sh. Sumer Singh shall remain suspended for a period of 30

days' from 24.12.2022 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 158-Anshul/-

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