Sitaram Saini vs Union Of India

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 that the appellant’s father has expired today i.e. on 28.11.2023 and the presence of the appellant is very much essential to perform the last rites of his 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 Special PP has also verified the fact about the death of the appellant’s father.

In view of the assurance given by the counsel for the appellant and taking into consideration the fact that the appellant’s father has expired today i.e. on 28.11.2023 and his presence is very much essential to perform the last rites of his father, 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 fifteen days from the date of his release for performing the last rites of his father.

Consequently, the application for temporary suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentence passed by the learned Special Judge, NDPS Cases No.2, Chittorgarh, vide judgment dated 19.12.2022 in Session Case No.41/2019 (43/2018) against the appellant-applicant Sitaram Saini S/o Shri Balu Ram, shall remain temporarily suspended and he shall be released on bail for a period of fifteen days from the date of his release, subject to the condition that he shall deposit a sum of Rs.1 lakh in cash before the Superintendent, Special Central Jail, Sailawas, Dosa 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 Special Central Jail, Sailawas, Dosa. 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.1 lakh so deposited shall be refunded back 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 20.12.2023, and on that date, learned Spl. Public Prosecutor and learned counsel for the appellant shall be required to submit the compliance of this order.