Sunil Kumar vs State Of Rajasthan
2022 Latest Caselaw 14041 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1165/2022

Sunil Kumar S/o Bheraram Ji, Aged About 36 Years, R/o Fatehsar Satheran, Police Station Shri Balaji, Dist. Nagour. (Presently Lodged At Dist. Jail, Nagour)

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

----Respondent

For Petitioner(s) : Mr. M.L.Bishnoi For Respondent(s) : Mr. S.S. Rajpurohit, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

29/11/2022

The instant application for temporary suspension of sentence

under Section 389 CrPC has been preferred on behalf of the

appellant-applicant Sunil Kumar S/o Bheraram, who has been

convicted and sentenced for the offences under Section 8/15 of

the NDPS Act vide judgment dated 20.07.2022 passed by the

learned Special Judge, NDPS Cases-cum-Additional Sessions Judge

No.1, Nagaur in Sessions Case No.94/2018, seeking interim bail

for a period of 30 days on the ground that his father is suffering

from oral cavity cancer.

Learned counsel for the applicant-appellant submits that the

his father is suffering from oral cavity cancer. and the appellant-

applicant is the only able bodied person in the family, who can

take care of his father for providing her proper treatment/follow

up etc. Learned counsel further submits that on earlier two

occasions also sentence of applicant-appellant was suspended,

which he peacefully availed and returned back to the prison.

                                                                           (2 of 2)                     [SOSA-1165/2022]



                                        Learned    Public     Prosecutor         has     placed       on   record   the

verification report received from the SHO, Police Station Shri

Balaji, District Nagaur as per which, the appellant-applicant is the

only able bodied person in the family. The appellant's father is

suffering from oral cavity cancer. The SHO has not expressed any

apprehension of the appellant absconding in case, if he is granted

interim bail.

In view of the above facts and taking humanitarian view of

the matter and the fact that earlier also he has not misused the

liberty so granted to him, this Court deems it fit to temporarily

suspend the sentences awarded to the appellant-applicant for a

period of 30 days.

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 Cases-

cum-Additional Sessions Judge No.1, Nagaur vide judgment

dated 20.07.2022 in Sessions Case No.94/2018 against the

appellant-applicant Pankaj @ Munendra Kumar S/o Dinesh Kumar

shall remain suspended for a period of 30 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.1,00,000/-

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 157-Mamta/-

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