Sanjay Kumar vs State Of Rajasthan

Manoj Kumar Garg, J

The instant application for temporary suspension of sentence under Section 389 Cr.P.C. has been filed by the petitioner on the ground of the death of his mother.

The allegation against the petitioner is of offence punishable under Section 8/22 of NDPS Act.

Learned counsel for the petitioner submits that mother of the petitioner expired on 17.10.2023 and his presence is necessary for performing last rites and rituals of his mother. In these circumstances, the petitioner may be granted temporary bail for a period of forty days.

Learned Public Prosecutor opposed the prayer for temporary bail.

I heard learned counsel for the petitioner as well as learned Public Prosecutor and perused the material available on record.

Having regard to overall facts and circumstances of the case and keeping in view the fact that mother of the petitioner expired on 17.10.2023, therefore, I deem it just and proper to release the petitioner 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 sentences passed by the learned Special Judge, NDPS Act Cases, Hanumangarh, vide judgment dated 21.11.2022 in Sessions Case No.36/2020 against the petitioner, Sanjay Kumar S/o Shri Sukhram, shall remain temporarily 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 deposit a demand draft of Rs.2,50,000/- of a Nationalized Bank executed in favour of the trial court and also furnishes a personal bond in a sum of Rs.4,00,000/- with two sound and solvent sureties in the sum of Rs.2,00,000/- (out of which one surety will be a close relative of the petitioner) each to the satisfaction of learned trial court for his surrender on completion of fifteen (15) days. It is made clear that if the petitioner surrenders within the stipulated period then the demand draft of Rs.2,50,000/- will be returned to him. In case, the petitioner fails to surrender before the concerned Jail after period of interim bail, the demand draft so deposited by the petitioner shall be forfeited.

Let this criminal bail be listed on 29.11.2023, on which date, learned Public Prosecutor shall be required to submit the\ compliance of the order whether petitioner has surrendered or not.