Rajasthan High Court - Jodhpur
Subhash vs State Of Rajasthan ... on 4 April, 2023
Bench: Vijay Bishnoi, Rajendra Prakash Soni
[2023/RJJD/008429]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Interim Suspension Of Sentence Application
(Appeal) No. 263/2023
Subhash S/o Nihal Singh, Aged About 28 Years, Village Gheu,
Tehsil Bhadra, District Hanumangarh.
(Lodged At Central Jail, Bikaner).
----Applicant
Versus
State Of Rajasthan, Through PP
----Respondent
For Applicant(s) : Mr. Rajendra Kumar Soni
For Respondent(s) : Mr. R. R. Chhaparwal
HON'BLE MR. JUSTICE VIJAY BISHNOI
HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI
Order
04/04/2023
The instant criminal misc. temporary suspension of sentence
application (appeal) under Section 389 Cr.P.C. has been filed on
behalf of the applicant-appellant with a prayer that his sentence
awarded by the learned Additional Sessions Judge Bhadra, District
Hanumangarh (hereinafter to be referred as 'the trial court') vide
order dated 19.01.2021 passed in Sessions Case No.13/2018 may
temporarily be suspended to enable him to participate in ensuing
B.A. Part-II Examination 2023 scheduled to be held from
06.04.2023.
In the application, the applicant-appellant has prayed that he
is appearing in some of the subjects and examination for those
subjects will start from 20.04.2023 and conclude on 10.06.2023.
[2023/RJJD/008429] (2 of 3) [SOSA-263/2023]
Learned counsel for the applicant-appellant has submitted
that earlier also, this Court has suspended the sentence of the
applicant-appellant temporarily enabling him to appear in the B.A.
Part-I Examination 2022.
Learned Public Prosecutor has opposed the application for
temporarily suspension of sentence, however, frankly admitted
that this Court has allowed the applicant-appellant to appear in
B.A. Part-I Examination 2022 vide order dated 18.05.2022.
Heard learned counsel for the parties on temporary
suspension of sentence application and perused the material
available on record.
Having considered the totality of facts and circumstances of
the case, we consider it just and proper to temporary suspend the
substantive sentence awarded to the accused applicant-appellant.
Accordingly, this application seeking temporary suspension of
sentence filed under Section 389 Cr.P.C. is allowed and it is
ordered that the sentence passed by the learned Additional
Sessions Judge, Bhadra vide judgment dated 19.01.2021 in
Sessions Case No.13/2018 against applicant-appellant - Subhash
S/o Nihal Singh shall remain suspended from 18.04.2023 to
11.06.2023 and he shall be released on temporary bail for the said
period provided he executes a personal bond in the sum of
Rs.1,00,000/- with two solvent sureties of Rs.50,000/- each to the
satisfaction of the learned trial Judge with the incorporation that
he would surrender before the concerned jail authority after
completion of his period of temporary suspension of sentence.
It is made clear that in any case the applicant-appellant shall
surrender himself before the concerned jail authority after
[2023/RJJD/008429] (3 of 3) [SOSA-263/2023]
completion of his period of temporary suspension of sentence from
the date of his actual release, failing which, the trial court shall
report the matter to this Court.
(RAJENDRA PRAKASH SONI),J (VIJAY BISHNOI),J
64-AjaySingh/-
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