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DEEPAK SONI v STATE - CRLAB Case No. 484 of 2006 [2006] RD-RJ 1219 (22 May 2006)

S.B.Cr.Second Temporary Bail App. No. 484/2006



Date of order : 22/05/2006


Mr. R.S.Gill for the applicant-appellant.

Mr. J.P.S.Choudhary, Public Prosecutor.

By an application under Section 389 Cr.P.C. applicant-appellant Deepak Soni seeks temporary suspension of sentence on the ground that his wife Smt. Sunita is suffering from acute P&D LJS and has been advised to undergo treatment at a higher centre including MRI from P.B.M. Hospital, Bikaner. A certificate to this effect issued by Senior Medical Officer, Govt.

Hospital, Sriganganagar is on record.

Having regard to the facts and circumstances of the case and purely on humanitarian ground that the applicant's wife needs urgent treatment and there being no other male member, according to learned counsel for the applicant, to take care of applicant's wife, I think it just and proper to temporarily suspend the sentence awarded to the accused appellant-applicant for a period of fifteen days from the date of his release.

Accordingly, the second bail application filed under

Sec. 389 Cr.P.C. is partly allowed and it is ordered that the sentence passed by the learned Special Judge, N.D.P.S. Cases,

Ganganagar vide judgment dt. 09.1.2006 in sessions case No. 25/05 against applicant-appellant Deepak Soni S/o Jagdish Soni shall remain temporarily suspended for a period of fifteen days from the date of his release and direct that the applicant- appellant be released on bail provided he executes a personal bond in the sum of Rs. 20,000/- with two sureties of Rs.10000/- each to the satisfaction of the learned trial court for his surrender before trial court on expiry of fifteen days period from the date of his release and to undergo the sentence awarded.




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