The court has the discretion to temporarily suspend sentences under Section 389 of the CrPC, taking into consideration humanitarian aspects.

JUDGMENT

1. The instant application for temporary suspension of sentence under Section 389 CrPC has been preferred on behalf of the appellant-applicant Chainsukh s/o Late Shri Soram, who has been convicted and sentenced for the offence under Section 302 IPC vide the judgment dated 18.07.2018 passed by the learned Additional Sessions Judge No.2, Chittorgarh in Sessions Case No.34/2015, on the ground that his father Shri Soram has passed away on 21.07.2021. A copy of the death certificate issued by the competent authority has been annexed with the application. Thus, taking humanitarian view of the matter, we deem it fit to temporarily suspend the sentences awarded to the appellant- applicant for a period of 20 days.

2. Accordingly, the application for temporary suspension of sentence is allowed. The sentence awarded to appellant- applicant Chainsukh S/o Soram by learned Additional Sessions Judge No.2, Chittorgarh in Sessions Case No.34/2015 vide judgment dated 18.07.2018 shall remain suspended for a period of 20 days from the date of his actual release subject to furnishing a personal bond in the sum of Rs.80,000/- and one sound and solvent surety in the like amount to the satisfaction of the trial court. The applicant appellant shall surrender before the Superintendent Central Jail, Udaipur in the morning of the next day of completion of the period of temporary bail. The period of bail shall be counted from the date of actual release