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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Sandeep Mehta, Vinod Kumar Bharwani, JJ.
Chelaram – Appellant
Versus
State – Respondent
D.B. Criminal Miscellaneous Temporary Suspension of Sentence Application (Appeal) No. 376 of 2022
Decided On : 07-05-2022
Temporary Suspension of Sentences - Section 389 CrPC - Marriage of Appellant's Son - The court allowed the temporary suspension of sentences for the appellant due to the verified fact of his son's upcoming marriage, allowing him to be present for the customary rites and rituals.
Fact of the Case:
The appellant applied for temporary suspension of sentences due to his son's upcoming marriage, supported by a verification report of the wedding.
Finding of the Court:
The court allowed the temporary suspension of sentences, citing the essential presence of the appellant for the customary rites and rituals of his son's marriage.
Issues: Application for temporary suspension of sentences based on the upcoming marriage of the appellant's son.
Ratio Decidendi: The court considered the verified fact of the son's marriage and the essential presence of the appellant for the customary rites and rituals as grounds for allowing the temporary suspension of sentences.
Final Decision: The court allowed the temporary suspension of sentences for the appellant for a period of 10 days to enable his presence for his son's marriage, upon fulfilling specified conditions.
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 learned additional Sessions Judge, Bhinmal in Sessions Case No.34/2014 vide judgment dated 21.08.2020 shall remain suspended for a period of 10 days from the date of his actual release upon furnishing a personal bond in the sum of Rs.80,000/- and two sound and solvent sureties of Rs.40,000/- each to the satisfaction of the Dy. Superintendent, District Jail, Barmer. The applicant appellant shall surrender before the Dy. Superintendent in the morning of the next day of completion of the period of temporary bail.
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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