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Om Prakash vs State Of Rajasthan ...
2023 Latest Caselaw 2101 Raj

Citation : 2023 Latest Caselaw 2101 Raj
Judgement Date : 3 March, 2023

Rajasthan High Court - Jodhpur
Om Prakash vs State Of Rajasthan ... on 3 March, 2023
Bench: Farjand Ali

[2023/RJJD/006288]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Temporary Suspension Of Sentence Application (Appeal) No. 188/2023

Om Prakash S/o Shri Bhanwar Lal, Aged About 30 Years, R/o Vill. Basni Nikuba Near Fitkasni Ps Dangiyawas Dist. Jodhpur (Presently Lodged In Central Jail Bikaner)

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

----Respondent

For Petitioner(s) : Mrs. Sharada, wife of the petitioner, present in person For Respondent(s) : Mr. Abhishek Purohit, AGA

HON'BLE MR. JUSTICE FARJAND ALI

Order

03/03/2023

The lawyers are abstaining from appearing in the

courts.

This application under Section 389 CrPC seeking interim

bail has been preferred on behalf of the appellants-applicant Om

Prakash S/o Bhanwar Lal, who is serving a sentence of 15 years

under Section 8/15 of the NDPS Act upon being convicted and

sentenced by the learned Special Judge, NDPS Act Cases, Bhilwara

vide judgment dated 06.03.2021 passed in Sessions Case

No.40/2017.

Mrs. Sharada, wife of the petitioner, is present in

person. She urges that the marriage of the sister of the

appellant-applicant is going to be solemnized on 10.03.2023 and

the other rituals will commence from 07.03.2023. The appellant is

[2023/RJJD/006288] (2 of 2) [SOSA-188/2023]

the only brother of the bride and therefore, his presence at the

wedding ceremony would be required.

The wedding card is annexed with the bail application.

The learned Public Prosecutor verifies the fact that the

marriage is scheduled to be held on 10.03.2023.

In this background and taking a humanitarian view of

the matter, I am inclined to grant interim bail of 15 days to the

appellant-applicant.

Accordingly, the instant application for temporary

suspension of sentence is allowed. The sentence awarded to

appellant-applicant Om Prakash S/o Bhanwar Lal by learned

Special Judge, NDPS Act Cases, Bhilwara in Sessions Case

No.40/2017 vide judgment dated 06.03.2021 shall remain

suspended for a period of 15 days from the date of his actual

release upon his furnishing a personal bond in the sum of

Rs.50,000/- and two sound and solvent sureties of Rs.25,000/-

each to the satisfaction of the trial court. The appellant-applicant

shall surrender before the Superintendent Central Jail, Bikaner in

the morning of the next day of completion of the period of

temporary bail.

(FARJAND ALI),J 162-Pramod/-

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