Citation : 2023 Latest Caselaw 3748 Raj
Judgement Date : 27 April, 2023
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc. Suspension Of Sentence Application (Appeal) No. 388/2023 Jhuntaram S/o Shri Gaina Ram, Aged About 55 Years, R/o Rasal, P.s. Kuchaman City, District Nagaur. (At Present Lodged In Open Air Camp Shri Krishan Gosala Hanumangarh).
----Petitioner Versus State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. M.S. Sisodia For Respondent(s) : Mr. B.R. Bishnoi, PP
HON'BLE MR. JUSTICE ARUN BHANSALI HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI Order 27/04/2023
1. An application for grant of interim suspension of sentence
has been filed by the applicant is undergoing life imprisonment
having been convicted by the trial court for offence under Section
302 and 323 of IPC.
2. Submissions have been made that the daughter and sons of
the applicant are scheduled to get married on 4 th & 5th of May,
2023 and therefore, he may be released on temporary bail for a
period of 30 days.
3. Copy of the invitation card has been annexed along with the
mark sheets of the children indicating their age wherein all are
major.
4. Learned Public Prosecutor produced a factual report, wherein
the SHO Kuchaman City, Distt. Nagaur, has indicated that
marriage of the children of the applicant is indeed scheduled on 4 th
& 5th of May, 2023.
(2 of 2) [SOSA-388/2023]
5. Learned Public Prosecutor made submissions that for the
marriage of the children of applicant, there is no necessity for
grant of suspension for period of 30 days and, therefore, the
application be dismissed.
6. Having considered the submissions made and the fact that
interalia daughter of the petitioner is going to get married on 4 th of
May, 2023, we deem it appropriate to temporarily suspend the
sentence of the applicant for a period of 10 days from 1st May,
2023 to 10th May, 2023.
7. Accordingly, the instant application for temporary suspension
of sentences filed under Section 389 Cr.P.C. is allowed and it is
ordered that the sentence passed by the Additional Sessions Judge
No.2, Parbatsar, Merta Distt. Nagaur vide judgment dated
21.01.2020 in Session Case No.29/2015 against the appellant-
applicant Jhuntaram S/o Shri Gaina Ram, shall remain temporarily
suspended and he shall be released on interim bail for a period of
10 days i.e. from 01.05.2023 to 10.05.2023, provided he executes
a personal bond in the sum of Rs.1,00,000/- with two sureties of
Rs.50,000/- each by his two sons to the satisfaction of the learned
trial Judge.
8. The Superintendent, Open Air Camp, Hanumangarh, shall
give the date of surrender to the appellant as per the above
directions.
(RAJENDRA PRAKASH SONI),J (ARUN BHANSALI),J
78-Anshul/-
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