Bharat vs State Of Rajasthan ...
2023 Latest Caselaw 4174 Raj

[2023/RJJD/013859]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Interim Suspension Of Sentence Application (Appeal) No. 373/2023

Bharat S/o Sh. Hakaru, Aged About 39 Years, B/c Patel, R/o Dhanpura, P.s. Sajjangarh, Dist. Banswara (Raj.).

(Presently Lodged In Central Jail, Udaipur).

----Petitioner Versus State Of Rajasthan, Through P.P.

----Respondent

For Petitioner(s) : Mr. Shambhoo Singh Rathore. For Respondent(s) : Mr. S.S. Rajpurohit, P.P.

HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

05/05/2023

This is an application under Section 389 for interim

suspension of sentence of the petitioner, to temporary suspend the

sentence of the appellant for a period of 30 days on the ground of

marriage of daughter of the petitioner.

Heard learned counsel for the appellant as well as learned

Public Prosecutor. Perused the record of the case.

Learned counsel for the petitioner submitted that marriage of

daughter of the petitioner is going to be solemnized on

12.05.2023, which is evident from the marriage card available on

record. Learned counsel further submitted that presence of the

appellant is essential for performing rites and rituals in the

marriage of her daughter. Therefore, it was urged that interim

suspension of sentence may be allowed for a period of 30 days.

[2023/RJJD/013859] (2 of 2) [SOSA-373/2023]

Upon a consideration of the arguments advanced on behalf

of the appellant and having regard to the facts and circumstances

of the case as also the fact that presence of the appellant is

essential for performing rites and rituals, this Court is of the

opinion that it is a fit case for releasing the petitioner on interim

bail for a period of 20 days.

Accordingly, the application for temporary suspension of

Sentence is allowed and it is ordered that the sentence passed by

the learned Special Judge, POCSO Act, Banswara vide judgment

dated 07.09.2019 in Special Case No.144/2018 against the

appellant-applicant Bharat S/o Sh. Hakaru shall remain

temporarily suspended for a period of twenty days. The petitioner

shall be released on bail for a period of twenty days from the date

of his actual release provided he executes a personal bond in the

sum of Rs.2,00,000/- with two sureties of Rs. 1,00,000/- each to

the satisfaction of the learned trial court. The concerned

Superintendent of Jail, shall give the date of surrender to the

appellant as per the date on which he is released from custody. If

the petitioner does not surrender himself on the given date, the

Superintendent of Jail, Udaipur shall inform this Court regarding

this fact immediately.

(KULDEEP MATHUR),J 211-Prashant/-

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