Dhanraj vs State Of Rajasthan ...
2023 Latest Caselaw 6254 Raj

[2023:RJ-JD:26618-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc Temporary Suspension Of Sentence Application (Appeal) No. 1038/2023 IN D.B. Criminal Appeal No.134/2023

Dhanraj S/o Shri Jaganath Meena, Aged About 47 Years, r/o Dhawankalan, P.s. Rawatbhata, Dist. Chittorgarh, Raj. (Presently Lodged Central Jail Udaipur).

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

----Respondent Connected With D.B. Criminal Misc Temporary Suspension Of Sentence Application (Appeal) No. 1039/2023 IN D.B. Criminal Appeal No.135/2023 Durgashankar S/o Shri Jaganath Meena, Aged About 51 Years, r/o Dhawankalan, P.s. Rawatbhata, Dist. Chittorgarh, Raj. (Presently Lodged Central Jail Udaipur).

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

----Respondent

For Petitioner(s) : Mr. Vijay Kumar Gaur 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. These applications have been filed by the applicants Dhanraj

and Durgashankar both sons of Jagannath Meena inter-alia

seeking temporary suspension of sentence on account of death of

their mother on 20/21.08.2023.

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:26618-DB] (2 of 2) [SOSA-1038/2023]

3. A factual report has been produced by learned Public

Prosecutor inter-alia indicating that besides the applicants another

son Shambhoo Lal and daughter Sumitra are present, however, it

is not denied that the death of their mother has taken place.

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

Additional District and Sessions Judge, Begun, District Chittorgarh

vide judgment dated 13.06.2023 in Session Case No.21/2021

against the appellant-applicants Dhanraj S/o Shri Jaganath Meena

and Durgashankar S/o Shri Jaganath Meena, shall remain

temporarily suspended and they shall be released on interim bail

for a period of 15 days from the date of release, provided each of

them execute a personal bond in the sum of Rs.1,00,000/- with

two sureties of Rs.50,000/- each from his father and 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

101-102-Payal/-

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