Ramkunwar vs State Of Rajasthan And Others

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 death of appellant’s father.

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 Public Prosecutor has also verified the fact about the death of appellant’s father.

In view of the assurance given by the counsel for the appellant and taking into consideration the fact that the father of appellant expired on 04.03.2024 and the presence of appellant is necessary for performing his last rites and rituals. Therefore, I am of the opinion that the sentences awarded to the appellant can be temporarily suspended and he deserves to be enlarged on bail for a period of twenty days 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, POCSO Act Cases, No.2, Merta vide judgment dated 26.10.2023 in Sessions Case No.83/2022 against the appellant-applicant Ramkunwar S/o Labu Ram, shall remain temporarily suspended and he shall be released on bail for a period of twenty days from the date of his release subject to the condition that he shall deposit a sum of Rs.2,50,000/- 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 concerned Superintendent shall give the date of surrender to the appellant as per the date on which he is released from custody.

If the appellant surrenders within the stipulated period before the concerned Jail, then the amount of Rs.2,50,000/- so deposited shall be refunded 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 03.04.2024, and on that date, learned Public Prosecutor and learned counsel for the appellant shall be required to submit the compliance of this order.