Temporary suspension of sentence granted to allow the petitioner to attend his brother's marriage, balancing personal obligations against the seriousness of the charges.

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 allowed and it is ordered that the sentences passed by the learned Special Judge (POCSO Act and Commission for Protection of Child Rights Act) No.2, Udaipur vide judgment dated 05.03.2024 in Special Sessions Case No.05/2023 against the petitioner – Kareem S/o Raish shall remain temporarily suspended and he shall be released on temporary bail for a period of 10 days, subject to the condition that he shall deposit a demand draft of Rs.1,00,000/- of a Nationalized Bank executed in favour of the trial court and also furnish a personal bond in a sum of Rs.2,00,000/- with two sound and solvent sureties in the sum of Rs.1,00,000/- (out of which one surety will be a close relative of the petitioner) each to the satisfaction of learned trial court for his surrender on completion of period of interim bail. It is made clear that if the petitioner surrenders within the stipulated period then the demand draft of Rs.1,00,000/- will be returned to him. In case, the petitioner fails to surrender before the concerned Jail after period of interim bail, the demand draft so deposited by the petitioner shall be forfeited.

8. Let this criminal bail be listed on 05.03.2025, on which date, learned Public Prosecutor shall be required to submit the compliance of the order whether petitioner has surrendered or not.