Rajasthan High Court - Jodhpur
Prahlad @ Pappu vs State Of Rajasthan ... on 5 October, 2023
Bench: Arun Bhansali, Rajendra Prakash Soni
[2023:RJ-JD:32889-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1133/2023
IN
D.B. Criminal Appeal No.311/2019
Prahlad @ Pappu S/o Shri Kaluram Salvi, Aged About 29 Years,
R/o Masingpura, Police Station Raipur, District Bhilwara.
(At Present Lodged In Central Jail, Ajmer (Raj.) )
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Bhavit Sharma
For Respondent(s) : Mr. R.R. Chhaparwal, PP
HON'BLE MR. JUSTICE ARUN BHANSALI
HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI
Order
05/10/2023
1. The instant application under Section 389 Cr.P.C. for
suspension of sentence has been preferred on behalf of the
applicant-appellant, who has been convicted and sentenced vide
judgment dated 18.09.2019 passed by learned Special Judge,
POCSO Act Cases No.1, Bhilwara in Sessions Case No.204/2018
(229/2017) for offence under Section 376(2)(L) IPC and
sentenced to imprisonment for life with fine of Rs.20,000/-, with
default stipulation to further undergo six months additional
rigorous imprisonment.
2. The application has been filed with the submissions that the
applicant is suffering from Acute Myeloid Leukemia (blood cancer)
[2023:RJ-JD:32889-DB] (2 of 3) [SOSA-1133/2023]
and, therefore, his sentence may be suspended and he may be
released on bail.
3. The reply to the application has been filed along with the
opinion of the Medical Board dated 01.09.2023 inter-alia indicating
that the Medical Board, which examined the applicant, found him
suffering from Acute Myeloid Leukemia and advised him to
undergo chemotherapy, however, the applicant and his family
members refused and, therefore, the applicant was advised to
take medicine and get himself examined from time to time.
4. Based on the said opinion, response to the application has
been filed praying for dismissal of the application that as the
applicant was advised regular treatment in the jail, he is not
entitled for being granted suspension of sentence.
5. Faced with the above situation counsel for the applicant
made submissions that the sentence may be temporarily
suspended for 15 days for enabling the applicant to seek advice
from higher center.
6. In view of the above prayer made, we deem it appropriate to
suspend the sentence of the applicant temporarily for a period of
15 days.
7. Accordingly, the instant application for temporary suspension
of sentence filed under Section 389 Cr.P.C. is allowed and it is
ordered that the substantive sentence passed by the learned
Special Judge, POCSO Act Cases No.1, Bhilwara vide judgment
dated 18.09.2019 in Session Case No.204/2018 (229/2017)
against the appellant-applicant Prahlad @ Pappu S/o Shri Kaluram
Salvi, shall remain temporarily suspended and he shall be released
on interim bail for a period of 15 days i.e. from the day of his
[2023:RJ-JD:32889-DB] (3 of 3) [SOSA-1133/2023]
release, provided he executes a personal bond in the sum of
Rs.2,00,000/- with two sureties of Rs.1,00,000/- each of which
one surety shall be given by the father of the applicant to the
satisfaction of the learned trial Judge.
8. The Superintendent, Central Jail, Ajmer shall give the date of
surrender to the appellant as per the above directions.
(RAJENDRA PRAKASH SONI),J (ARUN BHANSALI),J
58-Payal/-
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