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Judgment
10 paragraphs · 345 wordsSatyendra Kumar Singh, J
Heard on IA No.6126/2022, which is first application filed under Section 389 of Cr.P.C. on behalf of appellant- Sahiram seeking temporary suspension of jail sentence on the ground of death of his mother, who died on 17.05.2022.
Appellants have been convicted under Section 8/25 of NDPS Act and sentenced him to undergo 10 years RI with fine of Rs. 1,00,000/- by the Special Judge (NDPS Act), Javad, District Neemuch vide its judgement dated 05.04.2019 passed in case No.12/2017.
Learned counsel for the appellants submit that appellant's mother had died on 17.05.2022 and being son, his presence is required to complete last rites of his mother's death. Appellant has suffered jail incarceration for about 8 years, out of 10 years RI. He further submits that High Court of Rajasthan vide order dated 24.05.2022 passed in Cr. Misc. Suspension of Sentence Application No.435/2022 has granted temporary suspension to the appellant on the aforesaid ground.
Learned Govt. Advocate submits that as the appellant is resident of Rajasthan, therefore, verification with regard to death of his mother could not be obtained.
Having considered the submissions advanced by the counsel for the parties, order dated 24.05.2022 passed by the High Court of Rajasthan for granting temporary suspension to the appellant and considering overall material produced on record, it is appropriate to allow temporary suspension of jail sentence to the appellant for a period of 15 (fifteen) days.
It is directed that substantive jail sentence of appellant shall remain suspended temporarily for a period of 15 (fifteen) days from the date of release, subject to his furnishing a personal bond of Rs.50,000/- (Rupees
Fifty thousand only) each with one solvent surety each in the like amount to the satisfaction of the Trial Court, subject to an undertaking that he will surrender after 15 days from the date of release before the Trial Court else this order shall stand cancelled without further reference to the Court. IA No.6126/2022 are allowed and stands disposed of.
List the matter for final hearing in due course.
Certified copy, as per Rules.