Muknaram vs Union Of India (2025:Rj-Jd:34271)
2025 Latest Caselaw 4145 Raj

Rajasthan High Court - Jodhpur

Muknaram vs Union Of India (2025:Rj-Jd:34271) on 4 August, 2025

Author: Farjand Ali

Bench: Farjand Ali

[2025:RJ-JD:34271]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
 S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
                              No. 1489/2025

Muknaram S/o Kishna Ram, Aged About 73 Years, R/o B-81,
Arvind Nagar, Airforce, Jodhpur, P.s. Ratanada, Dist. Jodhpur
(Raj.) (At Present Lodged In Central Jail, Jodhpur)
                                                                   ----Petitioner
                                    Versus
Union Of India, Through Ncb Jodhpur
                                                                 ----Respondent


For Petitioner(s)         :     Mr. Bhagirath Ray Bishnoi
                                Mr. Manohar Singh
For Respondent(s)         :     Mr. S.S. Rathore, DyGA



                HON'BLE MR. JUSTICE FARJAND ALI

Order

04/08/2025

1. The instant application under Section 389 CrPC seeking

temporary suspension of sentence has been preferred on behalf of

the appellants-applicant, who has been convicted by the learned

Special Judge, NDPS Act Cases No.2, Jodhpur vide judgment

dated 07.02.2025 passed in Sessions Case No.43/2023 for the

offences under Sections 8(c)/18 of the NDPS Act and sentenced to

undergo rigorous imprisonment of 11 years alongwith fine.

2. Learned counsel for the appellant-applicant submits that the

appellant's wife is suffering from serious kidney ailment and has

been advised to undergo surgery. The petitioner being the

husband, his presence would be essential for proper taking care of

his wife. Therefore, it is prayed that the appellant may be

released on bail by temporarily suspending his sentence.

[2025:RJ-JD:34271] (2 of 2) [SOSA-1489/2025]

3. Learned Special Public Prosecutor has opposed the prayer for

temporary bail.

4. I have heard the learned counsel for the appellant-applicant

and the learned Special Public Prosecutor and gone through the

material available on record.

5. Considering the submissions advanced by the learned

counsel for the appellant-applicant, perusing the medical

documents relating to appellant's wife and taking a humanitarian

view of the matter, this court is inclined to grant temporary bail of

30 days to the appellant-applicant.

4. Accordingly, the instant application for temporary suspension

of sentence is allowed. The sentence awarded to appellant-

applicant by the learned trial court, details of which are provided

in opening para of this order, shall remain suspended for a period

of 30 days from the date of his actual release upon his furnishing

a personal bond in the sum of Rs.50,000/- and two sound and

solvent sureties of Rs.25,000/- each to the satisfaction of the trial

court. The appellant-applicant shall surrender before the

concerned jail authority of the prison, where he is presently

lodged, in the morning of the next day of completion of the period

of temporary bail.

(FARJAND ALI),J 319-Pramod/-

Powered by TCPDF (www.tcpdf.org)