Kamlesh Kumar vs State Of Rajasthan ...
2023 Latest Caselaw 2115 Raj

[2023/RJJD/006310] (1 of 2) [SOSA-200/2023]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. IInd Interim Bail Application No. 200/2023 IN S.B. Criminal Appeal No.230/2022 Kamlesh Kumar S/o Bheru Lal Gurjar, Aged About 29 Years, R/o Chakkikhera (Kochariya) P.s. Mandal, District Bhilwara (Raj.) (At Present Lodged At Central Jail Udaipur)

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

----Respondent

For Petitioner(s) : Mr. Shri Lal Gurjar, Present in Person For Respondent(s) : Mr. Gourav Singh, PP

HON'BLE MR. JUSTICE FARJAND ALI Order 08/03/2023

Lawyers are abstaining from appearing before the Court.

The instant second application for temporary suspension of

sentence has been moved on behalf of the applicant in the matter

of judgment dated 22.02.2022 passed by learned Special Judge,

NDPS Act Cases No.2, Chittorgarh in Sessions Case No.54/2017

(33/2016) whereby he was convicted and sentenced to suffer

maximum punishment of 10 years rigorous imprisonment along

with fine of Rs.1,00,000/- for each of offence under Sections

8/15,25,29 of NDPS Act, 1985 on the ground that his wife Maina

Gurjar is ailing with serious ailment since there is no person to

take care of her, therefore, he seeks temporary release so that

she can be taken care of aptly and if need may arise she may be

taken to a higher center.

Heard and perused the material available on record.

[2023/RJJD/006310] (2 of 2) [SOSA-200/2023]

I have gone through the material annexed with the

application for temporary suspension, a perusal of which is

revealing that the wife of the appellant, got hospitalized in

Mahatma Gandhi Government Hospital, Bhilwara. The pathological

examination report issued by Hospital reflecting that she is severe

anaemic and her haemoglobin was counted to be 5.7 gram which

is much below the standard criteria. In the month of December

2022 also; she got hospitalized in Government Hospital. Thus, it

seems that she is having serious medical problem and therefore, a

humanitarian approach is required to be taken.

In this background and taking a humanitarian view of the

matter, the second application for temporary suspension of

sentences is allowed. The sentences awarded to appellant-

applicant Kamlesh Kumar s/o Bheru Lal Gurjar by learned

Special Judge, NDPS Act Cases No.2, Chittorgarh in Sessions Case

No.54/2017 (33/2016) vide judgment dated 22.02.2022 shall

remain suspended for a period of 30 days from the date of his

actual release upon furnishing a personal bond in the sum of

Rs.1,00,000/- and two sound and solvent sureties of Rs.50,000/-

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

shall surrender before the concerned Jail Authority in the morning

of the next day of completion of the period of temporary bail.

(FARJAND ALI),J

145-Ashutosh/-

Powered by TCPDF (www.tcpdf.org)