Narain Lal vs State Of Rajasthan

Manoj Kumar Garg, J

The instant interim suspension of sentence application has been filed by the accused-petitioner stating therein that his mother Suvati expired on 27.01.2024.

Appellant’s son present in the present and submits that the presence of the appellant is very much essential for doing the rituals and last rites of his mother. In support of the said averment, a copy of death certificate issued by the Government of Rajasthan has been filed with this interim suspension of sentence application. In such circumstances, it is prayed that the appellant may be released on interim bail for a period of one and half months.

Learned Public Prosecutor verified the fact of death of mother of the appellant.

Having regard to the overall facts and circumstances of the case particularly, keeping in view the fact that the appellant’s mother has expired, this application for interim suspension of sentence is partly allowed and it is directed that sentence of the appellant awarded by the Special Judge, NDPS Cases No.2, Chittorgarh in Session Case No.220/2014 vide judgment dated 15.07.2019 shall remain suspended temporarily and the appellant Narain Lal S/o Shri Mangla Bishnoi, shall be released on interim bail for a period of fifteen days from the date of his actual release, subject to the condition that he shall deposit a demand draft of Rs.2,00,000/- of a nationalized bank executed in favour of the trial court and also furnishes a personal bond of Rs.4,00,000/-with two sound and solvent sureties of Rs.2,00,000/-each to the satisfaction of the trial court.

In any case, the appellant shall surrender himself before the concerned jail authorities after completion of fifteen days’ interim bail from the date of his actual release. If the appellant surrenders before the concerned jail authorities as directed above, the trial court shall return the demand draft of Rs.2,00,000/-, if so deposited with the trial court.

Let this interim application for suspension of sentence be again listed on 16.02.2024 and on that date, learned Public Prosecutor and learned counsel for the appellant shall be required to submit the compliance of this order.