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2006 Supreme(Raj) 1271

High Court Of Rajasthan
Judgename : H.R.PANWAR
PRADEEP KUMAR - Appellant
Versus
STATE OF RAJASTHAN - Respondent
CRIMINAL APPEAL 85 Of 2006
Decided On : 05/02/2006

Advocates Appeared:
G.J.GUPTA, J.P.S.Choudhary

Courts may consider humanitarian grounds in temporarily suspending a sentence, especially when the medical condition of a family member requires immediate attention.

Headnote:

Suspension of Sentence - Humanitarian Consideration - The court temporarily suspends the sentence of the appellant for a period of ten days due to the humanitarian consideration of his wife's medical condition.

Fact of the Case:

The appellant seeks temporary suspension of sentence on the ground that his wife is suffering from acute lumbago and needs medical treatment at a higher center.

Finding of the Court:

The court, purely on humanitarian consideration, decides to temporarily suspend the sentence for a period of ten days from the date of the appellant's release.

Issues: The main issue is the appellant's request for temporary suspension of sentence due to his wife's medical condition.

Ratio Decidendi: The court's decision is based on the humanitarian consideration of the appellant's situation and the need for his wife's medical treatment.

Final Decision: The court partly allows the bail application and orders the temporary suspension of the sentence for a period of ten days from the date of the appellant's release, with conditions for his release on bail.

Judgment

( 1 ) BY an application under Section 389 Cr. P. C. applicant-appellant Pradeep Kumar seeks temporary suspension of sentence on the ground that his wife is suffering from acute lumbago (Acute Pandd LS) and she has been advised by the doctor for MRI Lumbo Sacral spine at higher centre i. e. P. B. M. Hospital, Bikaner. A certificate has also been issued about the ailment of wife of the applicant by the Sarpanch, Gram panchayat 4 M. L. ,panchayat Samiti Sri Ganganagar and that there is no male member at the applicants house to look after and get the applicants wife treated.

( 2 ) HAVING regard to the facts and circumstances of the case and purely on humanitarian consideration, I think it just and proper to temporarily suspend the sentence awarded to the accused appellant-applicant for a period of ten days from the date of his release.

( 3 ) ACCORDINGLY, the bail application filed under Sec. 389 cr. P. C. is partly allowed and it is ordered that the sentence passed by the learned Special Judge, NDPS Cases, Ganganagar vide judgment dt. 21. 12. 2005 in sessions case No. 08/2004 against applicant -appellant Pradeep Kumar S/o Charnjeet Singh shall remain temporarily suspended for a period of ten days from the date of his release and direct that the applicant appellant be released on bail provided he executes a personal bond in the sum of Rs. 50,000/- with two sureties of Rs. 25,000/- each to the satisfaction of the learned trial court for his surrender before trial court on expiry of ten days period from the date of his release and to undergo the sentence awarded.

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