Citation : 2022 Latest Caselaw 1127 Raj
Judgement Date : 24 January, 2022
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc Temporary Suspension Of Sentence
Application (Appeal) No. 22/2022
In
D.B. Criminal Appeal No.1011/2017
Pankaj @ Munendra Kumar S/o Dinesh Kumar, Aged About 20
Years, B/c Brahmin, R/o Kunwar Nagar Colony, Khurampura
Aligarh (Up). At Present Residing At Ward No. 19, Sardar Sahar,
Churu. (Presently Lodged In Churu Jail).
----Petitioner
Versus
State, Through PP
----Respondent
For Petitioner(s) : Mr. S.K. Verma
For Respondent(s) : Mr. B.R. Bishnoi, PP
HON'BLE MR. JUSTICE SANDEEP MEHTA
HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI
Order
24/01/2022
The present temporary bail application for suspension of
sentences has been filed under Section 389 Cr.P.C. on behalf of
the petitioner seeking interim bail for a period of 30 days for
attending the marriage of his Sister Ms.Vandana (Priyanka), which
is scheduled to be solemnized on 18.02.2022.
Learned counsel for the petitioner submits that the petitioner
is the only brother of Ms.Vandana (Priyanka). He further submits
(2 of 3) [SOSA-22/2022]
that his father is in tender age and is unable to make all
arrangements regarding his sister's marriage, therefore the
presence of petitioner is necessary. Learned counsel further
submits that since petitioner's father is in Government job and he
is ready and willing to furnish one of the sureties, therefore, there
is no likelihood of petitioner's being absconding. He further
submits that petitioner has already been enlarged on interim bail
on numerous occasions and he not misused the liberty granted by
this Court and he has surrendered back within the stipulated time.
Thus, he prays that the petitioner's sentences may be suspended
for a period of 30 days so as to enable him to make arrangements
for his sister's marriage.
Learned Public Prosecutor has verified the above fact and has
placed verification report of the SHO, Police Station Ratangarh,
Churu on record in this regard.
Having regard to the facts and circumstances of the case and
considering the fact that the petitioner deserves grant of
temporary bail for ten days for attending and making necessary
arrangements for his sister's marriage.
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 Additional Sessions Judge,
Churu, vide judgment dated 02.06.2017 in Sessions Case
No.3/2017 (09/2015) (CIS No.1104/2017) against the appellant-
applicant Pankaj @ Munendra Kumar S/o Dinesh Kumar shall
remain suspended for a period of ten days commencing from
12.02.2022 provided he executes a personal bond of
Rs.2,00,000/- and two sound and sureties of Rs.1,00,000/- each
(out of which, one shall be of the father of the appliant-appellant,
(3 of 3) [SOSA-22/2022]
who is stated to be a Government Servant) 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.
(VINOD KUMAR BHARWANI),J (SANDEEP MEHTA),J
26-Mamta/-
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