Vinod Kumar vs State Of Rajasthan And Others

Instant interim suspension of sentence application has been filed by the applicant with a prayer to release him on interim bail for a period of thirty days on the ground of sad demise of his father on 02.02.2024.

Counsel for the petitioner submits that the father of the appellant expired on 02.02.2024, so the presence of the appellant-applicant is very much essential for performing the last rites of his father, therefore, it is prayed that the sentence of the appellant may be suspended temporarily and he may be released on interim bail for a period of one month.

Learned Public Prosecutor has verified the fact of death of petitioner’s father but opposed the prayer of the counsel for the petitioner for interim bail.

In view of the matter and as the presence of the applicant-appellant is very much essential for performing last rites of his father, we deem it fit to enlarge him on interim bail for a period of thirty days from the date of his release. Accordingly, the instant application for temporary suspension of sentence deserves to be and is hereby allowed.

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 (SC/ST Cases), Hanumangarh vide judgment dated 02.12.2023 in Criminal Case No.45/2018 (CIS No.45/2018) against the applicant-appellant Vinod Kumar S/o Ratanlal, shall remain temporarily suspended and he shall be released on interim bail for a period of thirty days from the date of his release subject to the condition that he shall deposit a sum of Rs.2 Lakhs before the trial Court and provided he furnishes a personal bond in the sum of Rs.50,000/- and two sound and solvent sureties in the sum of Rs.25,000/- each to the satisfaction of trial court. The concerned Superintendent of Jail shall give the date of surrender to the appellant as per the date on which he will be released from custody.

If the appellant surrenders within the stipulated period before the concerned Jail, then the amount of Rs.2 Lakhs so deposited before the trial Court shall be refunded to him and if he fails to surrender within the stipulated period, then the amount so deposited shall be forfeited immediately.

Let this matter be again listed on 07.03.2024, and on that date, learned Public Prosecutor and learned counsel for the appellant shall be required to submit the compliance of this order.