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IN THE HIGH COURT OF RAJASTHAN
Sandeep Mehta,Devendra Kachhawaha, JJ.
Laxman - Appellant
Versus
State Of Rajasthan - Respondent
Criminal Miscellaneous Suspension Of Sentence Application (Appeal) No. 430 of 2021
Decided on : 05-08-2021
Temporary Suspension of Sentences - Death of Son - The court granted temporary suspension of sentences to the appellant-applicant, Laxman S/o Dhula, upon the death of his son, Mahipal Hirat, for a period of twenty days, subject to the appellant furnishing a personal bond and sureties.
Fact of the Case:
The appellant filed an application for temporary suspension of sentences following the death of his son, which was verified by the report from the Police Station and the annexed death certificate. The court granted the application, directing the suspension of sentences and temporary bail for twenty days, with the requirement of a personal bond and sureties.
Finding of the Court:
The court found that the death of the appellant's son warranted the temporary suspension of sentences and granted the application based on the verified report and death certificate.
Issues: Application for temporary suspension of sentences upon the death of the appellant's son.
Ratio Decidendi: The court's decision was influenced by the verified report from the Police Station and the annexed death certificate, which confirmed the death of the appellant's son, leading to the grant of temporary suspension of sentences and temporary bail for twenty days.
Final Decision: The application for temporary suspension of sentences was allowed, and the appellant was granted temporary bail for a period of twenty days, subject to fulfilling the requirement of furnishing a personal bond and sureties.
JUDGMENT
1. The appellant-applicant has filed this application for temporary suspension of sentences on the ground that his son Mahipal Hirat passed away on 02.06.2021.
2. Learned Public Prosecutor has placed on record the report received from Police Station Kotwali, District Doongarpur verifying the factum of death of the son of the appellant. A copy of the death certificate is also annexed with the said report.
3. In this view of the matter, the instant application for temporary suspension of sentences deserves to be accepted. It is hereby directed that the sentences awarded to the applicantappellant Laxman S/o Dhula shall remain suspended and he shall be released on temporary bail for a period of twenty days from the date of his release provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each to the satisfaction of the trial court. The Superintendent, Central Jail, concerned shall give the date of surrender to the appellant as per the date on which he is released from custody. Needless to say that after completion of the aforesaid period, the applicant-appellant shall surrender before the concerned jail authorities.
4. The application for temporary suspension of sentences is allowed accordingly.
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