Mohammed Hussain vs State Of Rajasthan

Manoj Kumar Garg, J

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 of marriage of appellant’s son on 13.05.2024 and the presence of the appellant is very much essential in the marriage function. Along with the application, a photocopy of marriage card of the appellant’s son has also been annexed.

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 Special PP has also verified the fact about the marriage of the appellant’s son on 13.05.2024.

In view of the assurance given by the counsel for the appellant and taking into consideration the fact that the marriage of the appellant’s son is fixed on 13.05.2024 and the presence of the appellant is very much essential in the marriage function, I am of the opinion that the sentences awarded to the appellant can be temporarily suspended and he deserves to be enlarged on bail till 20.05.2024 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, NDPS Cases, Pratapgarh, vide judgment dated 25.11.2022 in Session Case No.28/2017 against the appellant-applicant Mohammed Hussain @ Titali S/o Shri Fakruddin, shall remain temporarily suspended and he shall be released on bail till 20.05.2024 from the date of his release subject to the condition that he shall deposit a sum of Rs.2 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 appellant shall surrender before the concerned Superintendent of Jail on 20.05.2024.

If the appellant surrenders within the stipulated period before the concerned Jail, then the amount of Rs.2 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 27.05.2024, and on that date, learned Public

Prosecutor and learned counsel for the appellant shall be required to submit the compliance of this order.