High CourtsDivision Bench

Ramesh @ Raman vs State Of Rajasthan

Rajasthan High Court · Decided on 13 June 2023 · Citation: (2023) 06 RAJ CK 0018

HON’BLE JUDGES
Manoj Kumar Garg, J · Madan Gopal Vyas, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 389
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Suspension Of F Sentence Application (Appeal) No. 648 Of 2023 In Criminal Appeal No.81 Of 2018
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Judgment

7 paragraphs · 290 words

The instant application for temporary suspension of sentence has been filed by the appellant-applicant on the ground of the death of his father.

Learned counsel for the appellant-applicant submits that father of the appellant-applicant was expired on 26.05.2023 and his presence is necessary for performing last rites and rituals of his father. In these circumstances, the appellant-applicant may be granted temporary bail for a period of twenty days.

Learned AAG has also verified the fact regarding death of father of the appellant-applicant.

We have heard learned counsel for the appellant-applicant as well as learned AAG and perused the material available on record.

Having regard to overall facts and circumstances of the case and keeping in view the fact that father of the appellant-applicant was expired on 26.05.2023, therefore, we deem it just and proper to release the appellant-applicant on interim bail for a period of fifteen (15) days.

Accordingly, the application for temporary suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the substantive sentences passed by the learned Sessions Judge, Dungarpur, vide judgment dated 14.03.2018 in Sessions Case No.39/2015 against the appellant-applicant, Ramesh @ Raman S/o Shri Nema Aamaliya, shall remain temporary suspended and he shall be released on temporary bail for a period of fifteen days from the date of his actual release, subject to the condition that he shall furnish a personal bond in a sum of Rs.2,00,000/- with two sound and solvent sureties in the sum of Rs.1,00,000/- each to the satisfaction of learned trial court for his surrender on completion of fifteen (15) days.

The Superintendent, Central Jail, Udaipur shall give the date of surrender to the appellant as per the date on which he is released from custody.