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SANDEEP MEHTA, VINOD KUMAR BHARWANI
Chelaram – Appellant
Versus
State – Respondent
JUDGMENT
1. The instant application for temporary suspension of sentences under Section 389 CrPC has been preferred on behalf of the appellant-applicant Chelaram S/o Shri Khumaram who has been convicted and sentenced for the offences under Sections 302/149, 148, 341, 323, 324/149 and 427 IPC vide the judgment dated 21.08.2020 passed by the learned additional Sessions Judge, Bhinmal, District Jalore in Sessions Case No.34/2014 on the ground of marriage of his son Dinesh Kumar which is going to be solemnized on 10.05.2022.
2. Learned Public Prosecutor has submitted a verification report of the SHO Police Station Sarwana, District Jalore wherein the factum of wedding of the petitioner's son Dinesh Kumar with Ms. Ramila Kumari has been verified. as the factum of marriage of the appellant's son on 10.05.2022 has been verified and since presence of the appellant/applicant in the family to perform the customary rites and rituals is essential, we are inclined to accept the instant application for temporary suspension of sentences.
3. accordingly, the instant application for temporary suspension of sentences is allowed. The sentences awarded to appellant-applicant Chelaram S/o Shri Khumaram by
The verified fact of an upcoming marriage and the essential presence of the appellant for the customary rites and rituals can be grounds for temporary suspension of sentences under Section 389 CrPC.
Temporary suspension of sentence granted to allow the petitioner to attend his brother's marriage, balancing personal obligations against the seriousness of the charges.
Temporary bail can be granted for significant family events, subject to compliance with specific conditions.
The court established that temporary suspension of sentence can be granted on humanitarian grounds, reflecting the court's discretion under Section 389 CrPC.
Provisional bail may be granted for attending a wedding when the reason is genuine and the State does not object.
The essential presence of the mother in the marriage of her daughter for granting temporary bail.
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