Kishan vs State Of Rajasthan
2022 Latest Caselaw 14813 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1276/2022

Kishan S/o Chhoga Ji, Aged About 19 Years, B/c Bheel , Mona Colony, Bhatakda , Distt. Sirohi (Raj) (Presently Lodged In Central Jail, Jodhpur)

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

----Respondent

For Petitioner(s) : Mr. Bharat Singh Rathore For Respondent(s) : Mr. Javed Gauri, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

16/12/2022

The instant application for temporary suspension of sentence

under Section 389 CrPC has been preferred on behalf of the

appellant-applicant Kishan S/o Chhoga Ji, who has been convicted

and sentenced for the offences under Sections 363 & 366-A, of the

IPC and Section 5/6 of the POCSo Act vide judgment dated

05.07.2018 passed by the learned Special Judge, POCSO Act

Cases, Sirohi in Special Sessions Case No.8/2017 (27/2016) (CIS

No.28/2016), seeking temporary suspension for a period of 20

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

Heard learned counsel for the parties and perused the

material available on record.

Learned counsel for the applicant-appellant submits that the

brother of the applicant-appellant has passed away on 12.12.2022

(2 of 2) [SOSA-1276/2022]

and he wants to attend the last rites and rituals, which are

essential to be carried out as per the Hindu customs.

Learned Public Prosecutor does not oppose the prayed

advanced 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 20 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, Sirohi vide judgment dated 05.07.2018 in Special Sessions

Case No.8/2017 (27/2016) (CIS No.28/2016) against the

appellant-applicant Kishan S/o Chhoga Ji shall remain

suspended for a period of 20 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 242-Anshul/-

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