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Judgment
6 paragraphs · 393 wordsFarjand Ali, J
The instant application for temporary suspension of sentence under Section 389 CrPC has been preferred on behalf of the appellant-applicant Sunil Kumar S/o Bheraram, who has been convicted and sentenced for the offences under Section 8/15 of the NDPS Act vide judgment dated 20.07.2022 passed by the learned Special Judge, NDPS Cases-cum-Additional Sessions Judge No.1, Nagaur in Sessions Case No.94/2018, seeking interim bail for a period of 30 days on the ground that his father is suffering from oral cavity cancer.
Learned counsel for the applicant-appellant submits that the his father is suffering from oral cavity cancer. and the appellant-applicant is the only able bodied person in the family, who can take care of his father for providing her proper treatment/follow up etc. Learned counsel further submits that on earlier two occasions also sentence of applicant-appellant was suspended, which he peacefully availed and returned back to the prison.
Learned Public Prosecutor has placed on record the verification report received from the SHO, Police Station Shri Balaji, District Nagaur as per which, the appellant-applicant is the only able bodied person in the family. The appellant’s father is suffering from oral cavity cancer. The SHO has not expressed any apprehension of the appellant absconding in case, if he is granted interim bail.
In view of the above facts and taking humanitarian view of the matter and the fact that earlier also he has not misused the liberty so granted to him, this Court deems it fit to temporarily suspend the sentences awarded to the appellant-applicant for a period of 30 days.
In this view of the matter, the application for temporary suspension of sentence is hereby allowed and it is ordered that the sentences passed by the learned Special Judge, NDPS Cases-cum-Additional Sessions Judge No.1, Nagaur vide judgment dated 20.07.2022 in Sessions Case No.94/2018 against the appellant-applicant Pankaj @ Munendra Kumar S/o Dinesh Kumar shall remain suspended for a period of 30 days commencing from the date of his actual release provided he executes a personal bond of Rs.50,000/- and two sound and sureties of Rs.1,00,000/-each to the satisfaction of the learned trial court. The applicant shall surrender before the jail authorities in the morning of the next day of completion of the period of temporary bail. The Superintendent of the concerned jail shall give the date of surrender to the petitioner.