The court has the discretion to grant temporary suspension of sentence under Section 389 CrPC, considering humanitarian grounds and previous grants of interim bail in similar circumstances.

JUDGMENT

Sandeep Mehta, J. - The instant application for temporary suspension of sentence under Section 389 CrPC has been preferred on behalf of the appellant-applicant Ramphul S/o Nathu Lal, who has been convicted and sentenced for the offences under Sections 8/18 (Kha) read with Section 25 and 29 of the NDPS Act vide the judgment dated 18.11.2019 passed by the learned Special Judge, NDPS Act Cases, Hanumangarh in Sessions Case No.36/2018, on the ground that his mother Smt. Fula Bai has passed away on 17.04.2021.

2. The factum regarding the death of Smt. Fula Bai W/o Nathu Lal is sought to be established through a death certificate placed on record. This court is informed that the appellant was previously granted interim bail vide order dated 13.01.2020 on the ground that his father had expired.

3. Learned counsel for the appellant-applicant submits that the appellant returned back to jail immediately on completion of the period of interim bail. Thus, he submits that the appellant may be granted interim bail for a period of 10 days so as to enable him to perform the remaining customary rituals pursuant to the death of his mother.

4. Learned Special Public Prosecutor through formally opposed the application, but he too is not in a position to dispute the fact that as per the death certificate placed on record, the appellant's mother has passed away on 17.04.2021. It is admitted that the appellant was previously granted temporary bail vide order dated 13.01.2020 in almost similar circumstances when his father expired.

5. In this background and taking a humanitarian view of the matter, the application for temporary suspension of sentence is allowed. The sentence awarded to appellant-applicant Ramphul S/o Nathu Lal by learned Special Judge, NDPS Act Cases, Hanumangarh in Sessions Case No.36/2018 vide judgment dated 18.11.2019 shall remain suspended for a period of 10 days from the date of his actual release subject to the condition that he deposits a sum of Rs.5,00,000/- as security with the trial court and furnishes a personal bond in the sum of Rs.2,00,000/- and two sound and solvent sureties of Rs.1,00,000/- each to the satisfaction of the trial court. The applicant appellant shall surrender before the Superintendent Central Jail, Bikaner in the morning of the next day of completion of the period of temporary bail. If the appellant-applicant does not surrender on the given date, then the trial court shall forfeit the amount of security deposited by the appellant and shall issue arrest warrant against him immediately.