Citation : 2024 Latest Caselaw 4962 Raj
Judgement Date : 6 June, 2024
[2024:RJ-JD:25364-DB] (1 of 2) [SOSA-738/2024]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Temporary Bail Suspension Of Sentence
Application (Appeal) No. 738/2024
Ramanand S/o Shri Shrichand, Aged About 57 Years, R/o Village
Tambakhedi, Tehsil And P.s. Rajgarh, Dist. Churu.
(At Present Lodged In Open Air Camp Sanganer, Jaipur)
----Petitioner
Versus
State Of Rajasthan
----Respondent
For Petitioner(s) : Mr. Kalu Ram Bhati
For Respondent(s) : Mr. R. R. Chhparwal, PP
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT
Order 06/06/2024 The instant application for temporary suspension of sentence
under Section 389 CrPC has been preferred on behalf of the
appellant-applicant- Ramanand S/o Shri Shrichand, who has been
convicted and sentenced for the offences under Sections 302 &
201 read with Section 34 of the IPC vide judgment dated
13.03.2018 passed by the learned Additional District & Sessions
Judge, Rajgarh, District Churu in Sessions Case No.3/2010, on the
ground of heart ailment.
Learned counsel for the appellant submits that the appellant
is suffering from artery disease and hyper tension and the TMT
test conducted on the appellant is positive. The Doctor have
advised for Coronary Angiography, therefore, the appellant prays
that he may be enlarged on temporary bail for a period of 15
days.
[2024:RJ-JD:25364-DB] (2 of 2) [SOSA-738/2024]
The submissions made by the counsel for the appellant has
been verified by the learned Public Prosecutor and the medical
report of the appellant has also been produced before this Court
which fortifies the assertion made by the counsel for the
appellant.
In view of the submissions made before this Court and
taking into consideration the fact that the appellant is suffering
from heart ailment and requires Angiography at the earliest, we
deem it fit to temporarily suspend the sentences awarded to the
appellant-applicant for a period of 15 days.
Accordingly, the application for temporary suspension of
sentence is allowed. The sentence awarded to appellant-applicant
Ramanand S/o Shri Shrichand by learned Additional District &
Sessions Judge, Rajgarh, District Churu in Sessions Case
No.3/2010 vide judgment dated 13.03.2018 shall remain
suspended for a period of 15 days from the date of his actual
release subject to furnishing a personal bond in the sum of
Rs.50,000/- 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 concerned
jail authority in the morning of the next day of completion of the
period of temporary bail. The period of bail shall be counted from
the date of actual release.
(YOGENDRA KUMAR PUROHIT),J (VINIT KUMAR MATHUR),J
21-SunilS/-
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