Chelaram vs State

The instant application for temporary suspension of sentences under Section 389 CrPC has been preferred on behalf of the appellant-applicant Chelaram S/o Shri Khumaram who has been convicted and sentenced for the offences under Sections 302/149, 148, 341, 323, 324/149 and 427 IPC vide the judgment dated 21.08.2020 passed by the learned Additional Sessions Judge, Bhinmal, District Jalore in Sessions Case No.34/2014 on the ground of marriage of his son Dinesh Kumar which is going to be solemnized on 10.05.2022.

Learned Public Prosecutor has submitted a verification report of the SHO Police Station Sarwana, District Jalore wherein the factum of wedding of the petitioner’s son Dinesh Kumar with Ms. Ramila Kumari has been verified. As the factum of marriage of the appellant’s son on 10.05.2022 has been verified and since presence of the appellant/applicant in the family to perform the customary rites and rituals is essential, we are inclined to accept the instant application for temporary suspension of sentences.

Accordingly, the instant application for temporary suspension of sentences is allowed. The sentences awarded to appellant-applicant Chelaram S/o Shri Khumaram by learned Additional Sessions Judge, Bhinmal in Sessions Case No.34/2014 vide judgment dated 21.08.2020 shall remain suspended for a period of 10 days from the date of his actual release upon furnishing a personal bond in the sum of Rs.80,000/- and two sound and solvent sureties of Rs.40,000/- each to the satisfaction of the Dy. Superintendent, District Jail, Barmer. The applicant appellant shall surrender before the Dy. Superintendent in the morning of the next day of completion of the period of temporary bail.