Temporary suspension of sentence granted due to the appellant's severe health condition, subject to bail conditions and assurance of surrender.

ORDER :

MANOJ KUMAR GARG, J.

1.Heard learned counsel for the appellant and learned AAG on application for temporary suspension of sentence.

2. The instant application for temporary suspension of sentence has been moved on behalf of the appellant who is in custody in the case at hand. The temporary bail has been moved on the ground that the appellant is suffering from severe disease and presently he is admitted in PBM Hospital, Bikaner for treatment. Therefore, the sentence of the appellant may be temporarily suspended and he may be released on bail for a period of one month.

3. Counsel for the appellant assures this Court that the appellant shall positively surrender in the concerned Jail on the date given by the concerned Superintendent for surrender.

4. Learned AAG has opposed the prayer made by the counsel for the appellant.

5. In view of the assurance given by the counsel for the appellant and taking into consideration the facts that the appellant is suffering from severe disease and presently he is admitted in PBM Hospital, Bikaner, I am of the opinion that the sentence awarded to the appellant can be temporarily suspended and he deserves to be enlarged on bail for a period of twenty days from the date of his release.

6. Consequently, the application for temporary suspension of sentence filed under Section 430 of BNSS is allowed and it is ordered that the sentence passed by the learned Additional Sessions Judge, Bhadra, District Hanumangarh, vide judgment dated 17.12.2024 in Sessions Case No.03/2018 against the appellant-applicant Manohar Lal, S/o Rang Lal, shall remain temporarily suspended and he shall be released on bail for a period of twenty days from the date of his release subject to the condition that he shall deposit a sum of Rs.2 lakhs before the trial court and provided he executes a personal bond in the sum of Rs.4,00,000/- with two sureties of Rs.2,00,000/- each to the satisfaction of the learned trial court. The concerned Superintendent of Jail shall give the date of surrender to the appellant as per the date on which he is released from custody.

7. If the appellant surrenders within the stipulated period before the concerned Jail, then the amount of Rs.2 lakhs so deposited shall be refunded back to him and if the appellant fails to surrender within the stipulated period, then the amount so deposited shall be forfeited immediately.

8. Let this application for temporary suspension of sentence be again listed on 28.04.2025, and on that date, learned Public Prosecutor and learned counsel for the appellant shall be required to submit the compliance of this order.