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Judgment
17 paragraphs · 335 wordsHeard learned counsel for the appellant and learned Public Prosecutor on application for suspension of sentences.
The instant application for temporary suspension of sentences has been moved on behalf of the appellant Anil Kumar on the ground that he has to
appear in the BA Part-II year examination to be held by the Maharaja Ganga Singh University, Bikaner. The examination schedule and the Admit
Card have been annexed with the application for temporary suspension of sentences. As per the admission card and the examination schedule placed
on record, the examination papers in which the applicant is to appear, are to take place between 27.02.2020 to 05.03.2020 and from 04.04.2020 to
28.04.2020.
On perusal of the record, it is clear that appellant was granted interim bail for appearing in the BA Part-I examination as well by order dated
08.02.2019 and he did not misuse the liberty so granted to him. Thus, we are inclined to accept this application for temporary suspension of sentence
and enlarge the applicant-appellant on interim bail in staggered phases.
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 Additional Sessions Judge Bhadra, District Hanumangarh, vide judgment dated 17.03.2018 in Sessions Case No.32/2012 against
the appellant-applicant Anil Kumar S/o Mahaveer Prasad, shall remain temporarily suspended and he shall be released on interim bail in two stages. In
the first tage, he shall be released on temporary bail by suspending his sentences from 26.02.2020 to 06.03.2020 and shall surrender back at the prison
on 07.03.2020. He shall thereafter be released on the second stage of temporary bail and his sentences shall remain suspended from 02.04.2020 till
29.04.2020, provided he executes a personal bond in the sum of Rs.2,00,000/- with two sureties of Rs.1,00,000/- each to the satisfaction of the learned
trial Judge. The Superintendent, Central Jail, Bikaner shall give the date of surrender to the appellant as per the date on which he is released from
custody.