Rajasthan High Court - Jodhpur
Mohammad Yasin vs State Of Rajasthan (2024:Rj-Jd:23503) on 23 May, 2024
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2024:RJ-JD:23503]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Temporary Suspension Of Sentence
Application (Appeal) No. 675/2024
Mohammad Yasin S/o Mohammad Ibrahim, Aged About 22 Years,
B/c Muslim, R/o Bhawriya Darwaja, P.s. Sojat City, Chandawal
Nagar, Tehsil Sojat And Dist. Pali (At Present Lodged In Dist. Jail,
Pali)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Vishal Singh Bhati
For Respondent(s) : Mr. Mukesh Trivedi, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
23/05/2024
Heard learned counsel for the appellant and learned Public
Prosecutor on application for temporary suspension of sentence.
The instant application for temporary suspension of sentence
has been moved on behalf of the appellant who is in custody in
the case at hand. The temporary bail has been moved on the
ground that the appellant's father Mohd. Ibrahim had met with a
road accident and he received severe multiple injuries on his body.
Counsel submits that the condition of the appellant's father is not
good and his treatment is still going on and there is no one in the
family to take care of his father. Therefore, the sentence of the
appellant may be temporarily suspended and he may be released
on bail for a period of one month.
[2024:RJ-JD:23503] (2 of 3) [SOSA-675/2024]
Counsel for the appellant assures this Court that the
appellant shall positively surrender in the concerned Jail on the
date given by the concerned Superintendent for surrender.
Learned Public Prosecutor has submitted a report dated
22.05.2024 received from the concerned Police Station verifying
the fact about the accident of the father of the appellant. The said
report is hereby taken on record.
In view of the assurance given by the counsel for the
appellant and taking into consideration the facts that the father of
the appellant met with an accident and there is no one in the
family to take care of his father, I am of the opinion that the
sentences awarded to the appellant can be temporarily suspended
and he deserves to be enlarged on bail for a period of twenty days
from the date of his release.
Consequently, 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,
POCSO Act Cases No.2, Pali, vide judgment dated 31.08.2022 in
Session Case No.50/2022 against the appellant-applicant
Mohammad Yasin S/o Mohammad Ibrahim, shall remain
temporarily suspended and he shall be released on bail for a
period of twenty days from the date of his release subject to the
condition that he shall deposit a sum of Rs.2.5 lakhs before the
trial court and provided he executes a personal bond in the sum of
Rs.4,00,000/- with two sureties of Rs.2,00,000/- 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.
[2024:RJ-JD:23503] (3 of 3) [SOSA-675/2024]
If the appellant surrenders within the stipulated period
before the concerned Jail, then the amount of Rs.2.5 lakhs so
deposited shall be refunded back to him and if the appellant fails
to surrender within the stipulated period, then the amount so
deposited shall be forfeited immediately.
Let this application for temporary suspension of sentence be
again listed on 15.07.2024, and on that date, learned Public
Prosecutor and learned counsel for the appellant shall be required
to submit the compliance of this order.
(MANOJ KUMAR GARG),J
163-MS/-
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