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High Court Of Rajasthan
Judgename : H.R.PANWAR
MAHENDRA - Appellant
Versus
STATE OF RAJASTHAN - Respondent
CRIMINAL APPEAL 867 Of 2005
Decided On : 05/29/2006
Section 389 Cr. P. C. - Temporary Suspension of Sentence - The court temporarily suspends the sentence awarded to the accused appellant for a period of 20 days from the date of his release.
Fact of the Case:
The applicant seeks temporary suspension of sentence on the ground of his gona (Muklava) on 2. 6. 2006. The fact has been verified by the public prosecutor and a report produced by S. H. O. Police Station Bagri Nagar, district Pali is on record.
Finding of the Court:
Having regard to the facts and circumstances of the case, the court deems it just and proper to temporarily suspend the sentence awarded to the accused appellant for a period of 20 days from the date of his release.
Issues: The issue is the temporary suspension of the sentence under Sec. 389 Cr. P. C.
Ratio Decidendi: The court considered the facts and circumstances of the case and decided to temporarily suspend the sentence for a specific period.
Final Decision: The bail application filed under Sec. 389 Cr. P. C. is partly allowed, and it is ordered that the sentence passed by the learned Additional Sessions Judge shall remain temporarily suspended for a period of twenty days from the date of the accused appellant's release.
( 1 ) BY an application under Section 389 Cr. P. C. applicant-appellant Mahendra seeks temporary suspension of sentence on the ground of his gona (Muklava) on 2. 6. 2006. This fact has been verified by public prosecutor. A report produced by S. H. O. Police Station Bagri Nagar, district Pali is on record.
( 2 ) HAVING regard to the facts and circumstances of the case, I think it just and proper to temporarily suspend the sentence awarded to the accused appellant-applicant for a period of 20 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 Additional Sessions Judge (Fast Track)No. 2, Pali vide judgment dt. 26. 09. 2005 in sessions case No. 67/05 against applicant-appellant Mahendra S/o Bhana Ram shall remain temporarily suspended for a period of twenty 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. 20,000/- with two sureties of Rs. 10,000/-each to the satisfaction of the learned trial court for his surrender before trial court on expiry of twenty days period from the date of his release and to undergo the sentence awarded.
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