Jogendra @ Joga Ram vs State Of Rajasthan

This instant application under Section 389 Cr.P.C. seeking temporary suspension of sentence has been preferred on behalf of the applicant-appellant, who is undergoing life imprisonment having been convicted by the learned trial court for the offences under Sections 302 & 120-B of IPC.

Mr. M.A. Siddiqui alongwith Mr. Sikander Khan, learned counsel appearing on behalf of the applicant-appellant submit that the applicant-appellant is lodged at Open Air Camp due to his good conduct in Jail.

2.1 They further submit that the applicant-appellant, being the only brother of his two sisters namely Ravina and Usha, may be released on temporarily bail on account of marriage of his two sisters, which is scheduled to be held on 03.03.2024. The marriage invitation card has been annexed with the file. It is prayed that since the presence of the applicant-appellant at the marriage is essential, therefore, he may be released on bail by temporarily suspending his sentence for a period of 30 days.

Learned Public Prosecutor has submitted a report, which indicates that the marriage of the applicant’s sisters is going to be held on 03.03.2024.

3.1 Learned Public Prosecutor also does not oppose the fact that the applicant-appellant is lodged at Open Air Camp.

This Court, on conjoint consideration of the fact that the applicant-appellant is lodged at Open Air Camp; he has undergone the custody of more than 07 years and the fact that the applicant’s sisters are getting married on 03.03.2024, this Court deems it appropriate to temporarily suspend the sentence of the applicant-appellant for a period of 30 days from 26th February, 2024 onwards.

Accordingly, the instant application for temporary suspension of sentences filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentence passed by learned Sessions Judge, Jalore, District Jalore vide judgment dated 30.01.2020 in Session Case No.17/2018 against the applicant-appellant Jogendra @ Joga Ram S/o Narpat, shall remain temporarily suspended and he shall be released on temporary bail for a period of 30 days from 26.02.2024 onwards, provided he executes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge. The appellant-applicant-appellant shall surrender before the concerned authority of the Central Jail, Jodhpur in the morning of the next day of completion of the period of temporary bail.

List for compliance before this Court on 01.04.2024 to ensure compliance after return of appellant to judicial custody.