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RAJASTHAN HIGH COURT
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
SUSPENSION - TEMPORARY BAIL - The court granted temporary suspension of sentences to the appellant due to the death of his son, highlighting the legal provision allowing for such relief in exceptional circumstances. The court emphasized the necessity of personal bonds and sureties, ensuring compliance with legal requirements while balancing compassion in the face of personal tragedy.
Fact of the Case:
The appellant-applicant sought temporary suspension of his sentences following the death of his son, Mahipal Hirat, on June 2, 2021.
Finding of the Court:
The court acknowledged the verification of the son's death by the Public Prosecutor and the submission of a death certificate, leading to the acceptance of the application for temporary suspension of sentences.
Issues: Whether the appellant is entitled to temporary suspension of sentences due to the death of his son.
Ratio Decidendi: The court determined that exceptional circumstances, such as the death of a close family member, warrant the temporary suspension of sentences, provided that the appellant meets the legal requirements for bail.
Result: The application for temporary suspension of sentences was allowed, and the appellant was granted temporary bail for twenty days, subject to the provision of 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.
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 may grant temporary bail based on family circumstances and the absence of breach of previous bail conditions.
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.
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 established that temporary suspension of sentence can be granted on humanitarian grounds, reflecting the court's discretion under Section 389 CrPC.
The court has the discretion to grant temporary bail based on specific circumstances, such as the death of a family member.
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