Magni Ram @ Manna vs State Of Rajasthan ...
2023 Latest Caselaw 6250 Raj

[2023:RJ-JD:26622-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc. Temporary Suspension Of Sentence Application (Appeal) No. 1044/2023 IN D.B. Criminal Appeal No.83/2023

1. Magni Ram @ Manna S/o Shri Veni Ram, Aged About 35 Years,

2. Udai Lal S/o Shri Veni Ram, Aged About 32 Years, both are R/o Veerwaliya Ka Kuwa, Jawad, Ghasa Police Station, Udaipur, District Udaipur. (Lodged In Central Jail, Udaipur) (Lodged in Central Jail, Udaipur)

----Petitioners Versus State Of Rajasthan, Through PP

----Respondent

For Petitioner(s) : Mr. JVS Deora For Respondent(s) : Mr. B.R. Bishnoi, PP

HON'BLE MR. JUSTICE ARUN BHANSALI HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI Order

23/08/2023

1. The instant application has been filed by the applicants

Magni Ram and Udai Lal both sons of Veni Ram inter-alia seeking

temporary suspension of sentence on account of death of their

mother on 14.08.2023.

2. Submissions have been made that except for the applicants

there is no male member in the family for undertaking the ritual

after death, therefore, he prays that the applicants may be

granted temporary suspension of sentence for 15 days.

[2023:RJ-JD:26622-DB] (2 of 2) [SOSA-1044/2023]

3. A factual report has been produced by learned Public

Prosecutor along with death certificate of Smt. Chunaki Bai dated

14.08.2023.

4. In the circumstances of the case, wherein the applicants'

mother had died, taking a humanitarian view, we suspend the

sentence of the applicants for a period of 15 days from the date

the applicants are released subject to conditions.

5. Accordingly, the instant applications for temporary

suspension of sentences filed under Section 389 Cr.P.C. are

allowed and it is ordered that the sentences passed by the learned

Special Judge, SC/ST Act Cases, Udaipur vide judgment dated

06.05.2022 in Session Case No.13/2019 against the appellant-

applicants Magni Ram @ Manna S/o Shri Veni Ram and Udai Lal

S/o Shri Veni Ram, shall remain temporarily suspended and they

shall be released on interim bail for a period of 15 days from the

date of release, provided they execute a personal bond in the sum

of Rs.1,00,000/- with two sureties of Rs.50,000/- each one of

whom would be from their brother to the satisfaction of the

learned trial Judge.

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

of surrender to the appellants as per the above directions.

(RAJENDRA PRAKASH SONI),J (ARUN BHANSALI),J

103-Payal/-

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