Arvind vs State Of Rajasthan ...
2023 Latest Caselaw 3507 Raj

[2023/RJJD/011712]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Temporary Suspension Of Sentence Application (Appeal) No. 350/2023

Arvind S/o Shri Bhagwan, Aged About 24 Years, R/o Village Fhubsliya- Ii, Police Station Sadar, District Dungarpur (Rajasthan) (Presently Lodged In Central Jail, Udaipur)

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

----Respondent

For Petitioner(s) : Mr. Sunil Dutta Chavariya Mr. Sumer Singh Sen For Respondent(s) : Mr. Abhishek Purohit, AGA

HON'BLE MR. JUSTICE FARJAND ALI

Order

24/04/2023

1. The instant application under Section 389 CrPC seeking

temporary suspension of sentence has been preferred on behalf of

the appellants-applicant, who has been convicted by the learned

Special Judge, POCSO Act Cases, Dungarpur vide judgment dated

18.02.2021 passed in Sessions Case No.75/2019 for the offences

under Sections 376-D, 376(2), 342 and 366 IPC and sentenced to

undergo rigorous imprisonment of 20 years for the offence under

Section 376-D with lesser punishments for the other offences.

2. Learned counsel for the appellant-applicant submits that the

marriage of the sister of the appellant-applicant is going be

solemnized on 01.05.2023. The marriage invitation card has been

annexed with the file. It is prayed that since the presence of the

[2023/RJJD/011712] (2 of 2) [SOSA-350/2023]

appellant-applicant at the marriage is essential, therefore, he may

be released on bail by temporarily suspending his sentence.

3. The learned Public Prosecutor has verified the fact regarding

the marriage of the sister of the appellant.

4. Considering the submissions advanced by the learned

counsel for the appellant-applicant, verification made by the

learned Public Prosecutor and taking a humanitarian view of the

matter, this court is inclined to grant temporary bail of 15 days to

the appellant-applicant.

5. Accordingly, the instant application for temporary suspension

of sentence is allowed. The sentences awarded to appellant-

applicant Arvind S/o Bhagwan by learned Special Judge, POCSO

Act Cases, Dungarpur in Sessions Case No.75/2019 vide judgment

dated 18.02.2021 shall remain suspended for a period of 15 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 Central Jail, Udaipur in the morning of the next

day of completion of the period of temporary bail.

(FARJAND ALI),J 162-Pramod/-

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