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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE MANOJ KUMAR GARG, J
Kareem – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
(MANOJ KUMAR GARG, J.)
The instant application for temporary suspension of sentence under Section 397 Cr.P.C. has been filed by the petitioner on the ground of his brother’s marriage.
2. The allegation against the petitioner is of offence punishable under Sections 376(2)(n) & 376(3) of IPC and Section 6 of POCSO Act.
3. Learned counsel for the petitioner submits that the marriage of petitioner’s brother is going to be solmenized on 23.02.2025 and presence of petitioner is very much essential during marriage rituals. In these circumstances, the sentence of the petitioner may kindly be temporarily suspended for a period of one month.
4. Learned Addl. G.A. has verified the fact regarding marriage of petitioner.
5. I have heard learned counsel for the parties and perused the material available on record.
6. Having regard to overall facts and circumstances of the case and keeping in view the fact that marriage of petitioner’s brother is going to be solemnized on 23.02.2025, therefore, I deem it just and proper to release the petitioner on temporary bail for a period of 10 days.
7. Accordingly, the application for temporary suspension of sentence filed under Section 397 Cr.P.C. is allowe
Temporary suspension of sentence granted to allow the petitioner to attend his brother's marriage, balancing personal obligations against the seriousness of the charges.
Temporary bail can be granted for significant family events, subject to compliance with specific conditions.
Temporary bail may be granted under specific circumstances, provided conditions are imposed to ensure compliance with surrender requirements.
The necessity of the applicant-accused's presence to perform necessary rituals in his sister's marriage ceremony was the key legal principle influencing the court's decision to grant temporary bail.
Temporary suspension of sentence granted due to the appellant's severe health condition, subject to bail conditions and assurance of surrender.
Provisional bail may be granted for attending a wedding when the reason is genuine and the State does not object.
Suspension of sentence – Sentence can be suspended where offence has element of love affair.
Suspension of sentence is justified when the accused shows circumstances such as prior bail status, marriage to the prosecutrix, and delays in FIR filing, indicating a potential for prolonged appeal.
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