Rajasthan High Court - Jodhpur
Sarwar Khan @ Sheru vs State Of Rajasthan ... on 17 August, 2023
Bench: Arun Bhansali, Rajendra Prakash Soni
[2023:RJ-JD:26040-DB] (1 of 3) [SOSA-934/2023]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR.
....
D.B. Criminal Misc Suspension Of Sentence Application
(Appeal) No. 934/2023.
(Interim/Temporary Bail)
IN
D.B. CRIMINAL APPEAL NO. 49/2023.
Sarwar Khan @ Sheru S/o Raseed Khan, aged about 54 years,
resident of Karunda, Police Station Chhoti Sadari, District
Pratapgarh.
(Lodged In Central Jail Udaipur)
----Petitioner
Versus
State Of Rajasthan through PP
----Respondent
For Petitioner(s) : Mr. Pradeep Choudhary.
Ms. Sampati Choudhary.
For Respondent(s) : Mr. R.R. Chhaparwal, PP.
Mr. Rahul Bathi, for the complainant.
HON'BLE MR. JUSTICE ARUN BHANSALI
HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI
Order
17/08/2023
1. The instant application under Section 389 Cr.P.C. has been
filed by the applicant seeking temporary suspension of sentence
for the purpose of undergoing bypass surgery.
2. Submissions have been made, inter alia, to the effect that
the applicant underwent coronary Angiography at R.N.T. Medical
College, Udaipur, wherein the Medical Board under the directions
[2023:RJ-JD:26040-DB] (2 of 3) [SOSA-934/2023]
of this Court has opined that the applicant must undergo bypass
surgery (CABG).
3. Vide order dated 11.08.2023, time was granted to the
learned counsel for the applicant to indicate the possible date of
the applicant's undergoing CABG as it was submitted by the
learned counsel for the complainant that the applicant has been
seeking suspension of sentence on the spacious grounds of his
heart ailment/condition from time to time and every time, he has
not undergone the requisite surgery and only enjoyed the
suspension and, therefore, the same should not be granted to
him.
4. Today, learned counsel for the applicant indicated that the
possible date for undergoing CABG, indicated to the son of the
applicant is 22.08.2023, and for that purpose, the applicant needs
to be admitted to the Hospital by 19.08.2023 and in case, he
undergoes surgery on 22.08.2023, he would require time to
recoup after bypass surgery.
5. In view of the above submissions, the present application
seeking temporary suspension of sentence is allowed. It is ordered
that the substantive sentence passed by the trial court vide
judgment dated 10.02.2023 in Session Case No.02/2018 against
applicant - Sarwar Khan @ Sheru S/o Raseed Khan shall remain
temporarily suspended for the period of three months i.e. from
19.08.2023 to 18.11.2023, provided he executes a personal bond
in the sum of Rs.2,00,000/- with two sureties of Rs.1,00,000/-
each to the satisfaction of the learned trial Judge with the
incorporation that he would surrender before the concerned jail
authority after completion of three months i.e. by 18.11.2023.
[2023:RJ-JD:26040-DB] (3 of 3) [SOSA-934/2023]
6. It is also made clear that if for any reason by 28.08.2023,
the applicant does not undergo bypass surgery (CABG), he would
surrender back by 29.08.2023.
(RAJENDRA PRAKASH SONI),J (ARUN BHANSALI),J
89-Mohan/-
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