Jagdish @ Jagga Ram vs State Of Rajasthan ...
2023 Latest Caselaw 3172 Raj

[2023/RJJD/010480]

HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JODHPUR D.B. Criminal Misc Suspension of Sentence Application (Appeal) No. 322/2023 in D.B. Criminal Appeal No.941/2016 Jagdish @ Jagga Ram S/o Sh. Rughnath Ram, aged about 55 years, R/o Vill. Baniyawas P.S. Luni, Dist. Jodhpur.

(Presently lodged in Central Jail, Jodhpur).

                                                                   ----Petitioner
                                    Versus
State of Rajasthan
                                                                 ----Respondent


For Petitioner(s)         :     Mr. K.R. Bhati.
For Respondent(s)         :     Mr. B.R. Bishnoi, PP.



             HON'BLE MR. JUSTICE ARUN BHANSALI

HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI

Order

18/04/2023

1. Heard on the application for temporary suspension of

sentences. Perused the material available on record.

2. It is submitted by counsel for the applicant that as the

daughter of the applicant is getting married on 21.04.2023, he

may be released by suspending the sentence temporarily for a

period of thirty days.

3. A factual report has been produced by learned Public

Prosecutor, inter-alia, indicating that though the marriage of

applicant's daughter is scheduled on 21.04.2023, there are large

number of family members of the applicant available including

four sons and four daughters. Further submissions have been

made that there are as many as fifteen criminal cases against the

[2023/RJJD/010480] (2 of 2) [SOSA-322/2023]

applicant, in which he has been convicted in nine cases and that

the present case involves a double murder and, therefore, he may

not be released by suspending the sentence temporarily.

4. In the circumstances of the case, wherein the daughter of

the applicant is getting married on 21.04.2023, which is not

disputed, we deem it appropriate to accept this application for

temporary suspension of sentences and direct release of the

applicant appellant on interim bail for a period of 6 days.

5. Accordingly, the instant application for temporary suspension

of sentences filed under Section 389 Cr.P.C. is allowed and it is

ordered that the sentences passed by the Additional Sessions

Judge No.6, Jodhpur Metropolitan vide judgment dated

30.09.2016 in Session Case No.20/2013 against the appellant-

applicant Jagdish @ Jagga Ram S/o Sh. Rughnath Ram, shall

remain temporarily suspended and he shall be released on interim

bail for a period of 6 days i.e. from 19.04.2023 to 24.04.2023,

provided he executes a personal bond in the sum of Rs.5,00,000/-

with two sureties of Rs.1,00,000/- each from either his son or

brother to the satisfaction of the learned trial Judge.

6. The Superintendent, Central Jail, Jodhpur shall give the date

of surrender to the appellant as per the above directions.

(RAJENDRA PRAKASH SONI),J (ARUN BHANSALI),J 67-DJ/-

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