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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE MANOJ KUMAR GARG, J
MAHENDRA KUMAR – Appellant
Versus
STATE OF RAJASTHAN – Respondent
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 t
Temporary bail can be granted for significant family events, subject to compliance with specific conditions.
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 may be granted under specific circumstances, provided conditions are imposed to ensure compliance with surrender 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.
The court balanced the essential nature of the appellant's presence at a family function with the seriousness of the allegations against him in granting interim bail for a limited period with specifi....
Temporary suspension of sentence granted due to the appellant's severe health condition, subject to bail conditions and assurance of surrender.
The court established that the grant of interim bail must consider the applicant's criminal history and the potential risk to public safety, even in light of personal hardships.
The court has the discretion to temporarily suspend sentences under Section 389 of the CrPC, taking into consideration humanitarian aspects.
The court may grant temporary bail based on family circumstances and the absence of breach of previous bail conditions.
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