Mahendera Kumar vs State Of Rajasthan
2023 Latest Caselaw 2414 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. temporary Suspension Of Sentence Application (Appeal) No. 209/2023

Mahendera Kumar S/o Sh. Hansraj, Aged About 27 Years, Govinpura, P.s. Khedali, Dist. Alwar. At Present Shai Nagar, Riico Ariya, Bhinmal, P.s. Bhinmal Dist. Jalore. (Presently Lodged In Central Jail, Jodhpur).

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Babulal S/o Sh. Kalu Ram, B/c Jat, R/o Adarsh Nagar Dherasar, P.s. Choatan, Dist. Barmer. At Present Sainagar Riico Area, Bhinmal, P.s. Bhinmal.

----Respondents

For Petitioner(s) : Mr. Kalu Ram Bhati For Respondent(s) : Mr. Javed Gori, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

22/03/2023

The instant application for temporary suspension of sentence

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

judgment dated 18.02.2022 passed by learned Special Judge,

POSCO Act Cases, Jalore in Sessions Case No.01/2020 whereby he

was convicted and sentenced to suffer maximum punishment of

20 years rigorous imprisonment along with fine of Rs.25,000/- for

offence under Section5(M)/6 of POSCO Act and lesser punishment

for the other offences under Sections 363 IPC.

Heard and perused the material available on record.

The instant application has been moved for suspension of

sentence on the ground that his grandmother has passed away on

(2 of 2) [SOSA-209/2023]

04.03.2023. The certificate of concerned 'Sarpanch' is annexed

with the application. Upon taking a humanitarian ground and

perusing the death certificate and certificate issued by the Gram

Panchayat, Behranpur, this Court deems it appropriate to allow

the instant application.

In this background and taking a humanitarian view of the

matter, the application for temporary suspension of sentence is

allowed. The sentences awarded to appellant-applicant

Mahendera Kumar S/o Sh. Hansraj by learned Special Judge,

POSCO Act Cases, Jalore in Sessions Case No. 01/2020 vide

judgment dated 18.02.2022 shall remain suspended for a period

of 10 days from the date of his actual release upon 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 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 137-KashishS/-

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