Kamlesh Kumar vs State Of Rajasthan ...
2023 Latest Caselaw 9088 Raj

[2023:RJ-JD:37909]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1470/2023

Kamlesh Kumar S/o Bherulal Gurjar, Aged About 29 Years, R/o Chakkikhera (Kochariya), P.S. Mandal Dist. Bhilwara. (At Present Lodged In Central Jail, Udaipur)

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

----Respondent

For Petitioner(s) : Mr. Ravindra Kumar Acharya For Respondent(s) : Mr. A.R. Chodhary, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

04/11/2023

1. The instant application for temporary suspension of

sentences under Section 389 Cr.P.C. has been preferred on

behalf of the appellant-applicant Kamlesh Kumar S/o Bherulal

Gurjar, who has been convicted and sentenced for the

offences under Section 8/15 of the NDPS Act vide the

judgment dated 22.02.2022 passed by learned Special

Judge, NDPS Act Cases, No.2, District Chittorgarh in Sessions

Case No.54/2017(33/2016), on the ground that his brother

has passed away. A prayer is made to release the appellant

on interim bail so that he can perform the last rites and

customary rituals.

2. Learned Public Prosecutor has verified the fact of death of the

brother of the petitioner.

[2023:RJ-JD:37909] (2 of 2) [SOSA-1470/2023]

3. In this background and taking a humanitarian view of the

matter, the instant application for temporary suspension of

sentences is allowed. The sentences awarded to appellant-

applicant Kamlesh Kumar S/o Bherulal Gurjar by learned

Special Judge, NDPS Act Cases, No.2, District Chittorgarh in

Sessions Case No.54/2017(33/2016) shall remain suspended

for a period of 50 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 Central Jail, Udaipur in the

morning of the next day of completion of the period of

temporary bail.

(FARJAND ALI),J 156-Ashutosh/-

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