Devkaran vs State Of Rajasthan
2023 Latest Caselaw 3041 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Temporary Suspension Of Sentence Application (Appeal) No. 308/2023

in

S.B. Criminal Appeal No.1462/2022

Devkaran S/o Shri Bachana Ram, aged about 40 years, by caste Hindu, R/o Village Indavad, Police Station Gotan, Tehsil and District Nagaur (At present lodged in Sub Jail, Nagaur)

----Petitioner Versus State of Rajasthan

----Respondent

For Petitioner(s) : Mr. Firoz Khan For Respondent(s) : Mr. Gaurav Singh, P.P.

HON'BLE MR. JUSTICE FARJAND ALI

Order

13/04/2023

The instant application under Section 389 CrPC seeking

temporary suspension of sentence has been preferred on behalf of

the appellants-applicant Devkaran S/o Bachana Ram, who has

been convicted by the learned Special Judge, POCSO Act Cases,

Nagaur vide judgment dated 31.08.2022 passed in Sessions Case

No.1/2018 for the offences under Sections 363, 366-A, 342 and

376(2)(g) of the IPC and sentenced to undergo rigorous

imprisonment of 10 years for the offence under Section 376(2)(g)

with lesser punishments for the other offences.

Learned counsel for the appellant-applicant submits

that father of the applicant has passed away on 10.04.2023 and

(2 of 2)

the presence of the applicant is essential for performing his last

rites and rituals. The death certificate issued by the competent

authority is annexed with the petition.

Considering the submissions advanced by the learned

counsel for the appellant-applicant and taking a humanitarian view

of the matter, this court is inclined to grant temporary bail of 20

days to the appellant-applicant.

Accordingly, the instant application for temporary

suspension of sentence is allowed. The sentences awarded to

appellant-applicant Devkaran S/o Bachana Ram by learned Special

Judge, POCSO Act Cases, Nagaur in Sessions Case No.1/2018 vide

judgment dated 31.08.2022 shall remain suspended for a period

of 20 days from the date of his actual release upon his furnishing

a personal bond in the sum of Rs.50,000/- and two sound and

solvent sureties of Rs.25,000/- each to the satisfaction of the trial

court. The appellant-applicant shall surrender before the

concerned authority of the Sub Jail Nagaur in the morning of the

next day of completion of the period of temporary bail.

(FARJAND ALI),J Pramod/-

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