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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Mr. Pankaj Mithal, Rekha Borana, JJ.
Nazir Khan – Appellant
Versus
State of Rajasthan – Respondent
D.B. Criminal Misc Suspension of Sentence Application (Appeal) No. 1084/2022
Decided On : 18-11-2022
Temporary Bail - Suspension of Sentences - The court allowed the appellant-applicant temporary bail for 40 days to perform the social rites following the death of his father, based on the grounds of family circumstances and the absence of breach of previous bail conditions.
Fact of the Case:
The appellant-applicant was convicted and sentenced to life imprisonment. He applied for temporary bail due to the death of his father and the need to perform social rites.
Finding of the Court:
The court allowed the temporary suspension of sentences based on the family circumstances and the absence of breach of previous bail conditions.
Issues: Temporary suspension of sentences, family circumstances, breach of bail conditions
Ratio Decidendi: The court considered the family circumstances, including the mental and physical challenges of the appellant's brothers, and the absence of breach of previous bail conditions in granting temporary bail.
Final Decision: The application for temporary suspension of sentences was allowed, and the appellant-applicant was granted temporary bail for 40 days to perform the social rites following his father's death.
ORDER
1. Heard Shri Sheetal Kumbhat, learned counsel for the appellant-applicant and Shri R.R. Chhaparwal, learned Public Prosecutor.
2. The appellant-applicant was convicted vide judgment and order dated 25.08.2020 and sentenced to life imprisonment by the trial Court. He preferred an appeal against the same wherein his application for suspension of sentence has been rejected. The present application for short term temporary bail has been filed by the appellant-applicant for the reason that his father Shri Jiya Khan expired on 12.11.2022 and according to muslim rituals the social rites are performed for 41 days.
3. Learned counsel for the appellant-applicant submits that one of his brothers is mentally challenged/disabled, the second brother is handicapped and the third brother is too young to perform the social rites. He has further submitted that the appellant-applicant had remained on bail during the trial and no complaint of breach of the said bail has been complained of.
4. A verification report has been placed on record by learned Public Prosecutor indicating the fact that Shri Jiya Khan, father of the appellant-applicant has expired on 12.11.2022. The record shows that the appellant-applicant has remained in jail for more than six years by now.
5. In this background, we are inclined to accept the instant application for interim suspension of sentences. The applicant-appellant Nazir Khan S/o Shri Jiya Khan shall be released on temporary bail and his sentences shall remain suspended for a period of 40 days from the date of his release provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sound and solvent sureties in the sum of Rs.50,000/- 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 appellant-applicant shall surrender before the concerned jail authorities.
The application for temporary suspension of sentences is allowed accordingly.
The court may grant temporary bail based on family circumstances and the absence of breach of previous bail conditions.
The court established that temporary suspension of sentences can be granted in exceptional circumstances, such as the death of a family member, while ensuring compliance with legal requirements for b....
The court has the discretion to grant temporary suspension of sentences upon the death of a family member, subject to fulfilling the necessary requirements.
The court has the discretion to grant temporary bail based on specific circumstances, such as the death of a family member.
The court has the discretion to temporarily suspend a custodial sentence and grant temporary bail based on the circumstances presented, such as the death of a close relative.
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.
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