Vikash Vishnoi vs State Of Rajasthan (2023:Rj-Jd:43290)
2023 Latest Caselaw 10604 Raj

Rajasthan High Court - Jodhpur

Vikash Vishnoi vs State Of Rajasthan (2023:Rj-Jd:43290) on 12 December, 2023

Author: Manoj Kumar Garg

Bench: Manoj Kumar Garg

[2023:RJ-JD:43290]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
 S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
                              No. 1602/2023

Vikash Vishnoi S/o Shri Sahiram Vishnoi, Aged About 32 Years,
R/o Nokhara, Godara, Post Aau, Bhojasar P.s., Dist. Jodhpur.
(Lodged In Central Jail, Jodhpur)
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent


For Petitioner(s)         :     Mr. Vijay Raj Bishnoi
For Respondent(s)         :     Mr. SS Rajpurohit, PP


      HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order 12/12/2023

Heard learned counsel for the appellant and learned Public

Prosecutor on application for temporary suspension of sentence.

The instant application for temporary suspension of sentence

has been moved on behalf of the appellant who is in custody in

the case at hand. The temporary bail has been moved on the

ground of illness of appellant's wife.

Counsel for the appellant assures this Court that the

appellant shall positively surrender in the concerned Jail on the

date given by the concerned Superintendent for surrender.

Learned PP has also verified the fact about the illness of

appellant's wife.

In view of the assurance given by the counsel for the

appellant and taking into consideration the fact that the wife of

appellant is suffering from back-bone disease and doctor has

advised her to go under surgery. Therefore, I am of the opinion

that the sentences awarded to the appellant can be temporarily

[2023:RJ-JD:43290] (2 of 2) [SOSA-1602/2023]

suspended and he deserves to be enlarged on bail for a period of

thirty days from the date of his release.

Consequently, the application for temporary suspension of

sentence filed under Section 389 Cr.P.C. is allowed and it is

ordered that the sentences passed by the learned Additional

Sessions Judge, Jaitaran, District Pali vide judgment dated

28.07.2023 in Sessions Case No.1/2018 against the appellant-

applicant Vikash Vishnoi S/o Shri Sahiram Vishnoi, shall remain

temporarily suspended and he shall be released on bail for a

period of thirty days from the date of his release subject to the

condition that he shall deposit a sum of Rs.2,50,000/- before the

trial court and provided he executes a personal bond in the sum of

Rs.4,00,000/- with two sureties of Rs.2,00,000/- each to the

satisfaction of the learned trial court. The concerned

Superintendent shall give the date of surrender to the appellant as

per the date on which he is released from custody.

If the appellant surrenders within the stipulated period

before the concerned Jail, then the amount of Rs.2,50,000/- so

deposited shall be refunded back to him and if the appellant fails

to surrender within the stipulated period, then the amount so

deposited shall be forfeited immediately.

Let this application for temporary suspension of sentence be

again listed on 12.01.2024, and on that date, learned Public

Prosecutor and learned counsel for the appellant shall be required

to submit the compliance of this order.

(MANOJ KUMAR GARG),J 184-raksha/-

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