Sanjay Kumar vs State Of Rajasthan ...
2023 Latest Caselaw 9327 Raj

[2023:RJ-JD:38769]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Temporary Suspension Of Sentence Application (Appeal) No. 1450/2023

Sanjay Kumar S/o Shri Sukhram, Aged About 22 Years, R/o Ward No. 14, Jodkiyan, 36 M.o.d., Goluwala P.s., Tehsil Pilibanga, Dist. Hanumangarh (Lodged In Dist. Jail, Hanumangarh)

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

----Respondent

For Petitioner(s) : Mr. Saddam Hussain For Respondent(s) : Ms. Anita Gehlot, PP

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

08/11/2023

The instant application for temporary suspension of sentence

under Section 389 Cr.P.C. has been filed by the petitioner on the

ground of the death of his mother.

The allegation against the petitioner is of offence punishable

under Section 8/22 of NDPS Act.

Learned counsel for the petitioner submits that mother of the

petitioner expired on 17.10.2023 and his presence is necessary for

performing last rites and rituals of his mother. In these

circumstances, the petitioner may be granted temporary bail for a

period of forty days.

Learned Public Prosecutor opposed the prayer for temporary

bail.

[2023:RJ-JD:38769] (2 of 3) [SOSA-1450/2023]

I heard learned counsel for the petitioner as well as learned

Public Prosecutor and perused the material available on record.

Having regard to overall facts and circumstances of the case

and keeping in view the fact that mother of the petitioner expired

on 17.10.2023, therefore, I deem it just and proper to release the

petitioner on interim bail for a period of fifteen (15) days.

Accordingly, the application for temporary suspension of

sentence filed under Section 389 Cr.P.C. is allowed and it is

ordered that the sentences passed by the learned Special Judge,

NDPS Act Cases, Hanumangarh, vide judgment dated 21.11.2022

in Sessions Case No.36/2020 against the petitioner, Sanjay Kumar

S/o Shri Sukhram, shall remain temporarily suspended and he

shall be released on temporary bail for a period of fifteen days

from the date of his actual release, subject to the condition that

he shall deposit a demand draft of Rs.2,50,000/- of a Nationalized

Bank executed in favour of the trial court and also furnishes a

personal bond in a sum of Rs.4,00,000/- with two sound and

solvent sureties in the sum of Rs.2,00,000/- (out of which one

surety will be a close relative of the petitioner) each to the

satisfaction of learned trial court for his surrender on completion

of fifteen (15) days. It is made clear that if the petitioner

surrenders within the stipulated period then the demand draft of

Rs.2,50,000/- will be returned to him. In case, the petitioner fails

to surrender before the concerned Jail after period of interim bail,

the demand draft so deposited by the petitioner shall be forfeited.

Let this criminal bail be listed on 29.11.2023, on which date,

learned Public Prosecutor shall be required to submit the

[2023:RJ-JD:38769] (3 of 3) [SOSA-1450/2023]

compliance of the order whether petitioner has surrendered or

not.

(MANOJ KUMAR GARG),J 305-Rashi/-

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