Temporary bail can be granted for significant family events, subject to compliance with specific conditions.

JUDGMENT :

MANOJ KUMAR GARG, J.

The instant application for temporary suspension of sentence under Section 389 Cr.P.C. has been filed by the appellant.

2. The allegation against the appellant is of offences punishable under Section 363 & 376AB of IPC and Sections 3/4, 5(m)/6 of POCSO Act.

3. Learned counsel for the appellant submits that the present temporary application for suspension of sentence has been filed on the ground of Mundan ceremony of appellant’s son on 21.02.2025. Counsel further submits that appellant’s participation in the ceremony is of utmost importance. Thus, it is prayed that the appellant may be granted temporary bail for a period of thirty days.

4. Learned AAG has verified the fact regarding Mundan ceremony of appellant’s son.

5. I have heard learned counsel for the appellant as well as learned AAG and perused the material available on record.

6. Having regard to overall facts and circumstances of the case, I deem it just and proper to release the appellant on interim bail for a period of ten days from the date of his actual release.

7. Accordingly, the application for temporary suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentence passed by the learned Special Judge,Protection of Children from Sexual Offences Act, 2012, District Jalore vide judgment dated 18.02.2022 in Sessions Case No.01/2020 against the appellant - Mahendra Kumar S/o Shri Hansraj shall remain temporarily suspended and he shall be released on temporary bail for a period of ten days from the date of his actual release, 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 furnishes a personal bond in a sum of Rs.4,00,000/- with two sound and solvent sureties in the sum of Rs.2,00,000/- (out of which one surety will be a close relative of the appellant) 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 appellant surrenders within the stipulated period then the demand draft of Rs.1,00,000/- will be returned to him. In case, the appellant fails to surrender before the concerned Jail after period of interim bail, the demand draft so deposited by the appellant shall be forfeited.

8. Let this criminal misc. interim suspension of sentence application be listed on 05.03.2025, on which date, learned AAG shall be required to submit the compliance of the order whether appellant has surrendered or not.