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SANDEEP MEHTA
Ramphul – Appellant
Versus
Union of India – Respondent
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 o
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 established that temporary suspension of sentence can be granted on humanitarian grounds, reflecting the court's discretion under Section 389 CrPC.
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 temporarily suspend a custodial sentence and grant temporary bail based on the circumstances presented, such as the death of a close relative.
The court may grant temporary bail based on family circumstances and the absence of breach of previous bail conditions.
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