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