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RAJASTHAN HIGH COURT
Sandeep Mehta, Vinit Kumar Mathur, JJ.
Versus - Appellant
Versus
State of Rajasthan, Through PP. - Respondent
D.B. Criminal Misc Suspension of Sentence Application (Appeal) No. 439/2021
Decided On : 06-08-2021
TEMPORARY SUSPENSION - SENTENCE - The court granted a temporary suspension of sentence under Section 389 CrPC for the appellant convicted under Section 302 IPC, considering the humanitarian grounds due to the death of his father. The court emphasized the need for a personal bond and surety, reflecting the legal provisions governing temporary bail and the discretion exercised in light of personal circumstances.
Fact of the Case:
The appellant, Chainsukh, was convicted and sentenced for murder under Section 302 IPC. Following the death of his father, he applied for a temporary suspension of his sentence.
Finding of the Court:
The court found merit in the application for temporary suspension based on humanitarian grounds, allowing the suspension for 20 days.
Issues: Whether the temporary suspension of sentence can be granted under Section 389 CrPC considering the personal circumstances of the appellant.
Ratio Decidendi: The court interpreted Section 389 CrPC to allow for temporary suspension of sentence in light of significant personal circumstances, emphasizing the balance between justice and compassion.
Result: The application for temporary suspension of sentence was allowed for a period of 20 days, subject to conditions of bond and surety.
JUDGMENT
The instant application for temporary suspension of sentence under Section 389 CrPC has been preferred on behalf of the appellant-applicant Chainsukh s/o Late Shri Soram, who has been convicted and sentenced for the offence under Section 302 IPC vide the judgment dated 18.07.2018 passed by the learned Additional Sessions Judge No.2, Chittorgarh in Sessions Case No.34/2015, on the ground that his father Shri Soram has passed away on 21.07.2021. A copy of the death certificate issued by the competent authority has been annexed with the application. Thus, taking humanitarian view of the matter, we deem it fit to temporarily suspend the sentences awarded to the appellant- applicant for a period of 20 days.
Accordingly, the application for temporary suspension of sentence is allowed. The sentence awarded to appellant- applicant Chainsukh S/o Soram by learned Additional Sessions Judge No.2, Chittorgarh in Sessions Case No.34/2015 vide judgment dated 18.07.2018 shall remain suspended for a period of 20 days from the date of his actual release subject to furnishing a personal bond in the sum of Rs.80,000/- and one sound and solvent surety in the like amount to the satisfaction of the trial court. The applicant appellant shall surrender before the Superintendent Central Jail, Udaipur in the morning of the next day of completion of the period of temporary bail. The period of bail shall be counted from the date of actual release
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 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 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 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.
Under Section 389 of Cr.P.C., a sentence can be suspended during the appeal process, contingent upon the provision of a personal bond and sureties.
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