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KANHAIYALAL v STATE - CRLAB Case No. 459 of 2006 [2006] RD-RJ 837 (26 April 2006)

S.B.Cr.Misc. Temporary Bail Application No.459/2006


S.B.Criminal Appeal No.1042/2002

DATE OF ORDER : 26.4.2006


Mr.Ramesh Purohit, for the applicant-appellant.

Mr.JPS Choudhary, Public Prosecutor.

By an application under section 389 Cr.P.C., applicant- appellant seeks temporary suspension of sentence on the ground that his mother Smt. Mohini Bai has expired on 23.4.2006. He has placed on record a certificate issued by Gram Panchayat,

Gagrol duly signed by Sarpanch and verified by Vikas Adhikari,

Panchayat Samiti, Chhoti Sadri, and also an affidavit of one Devi

Lal, who is brother-in-law of the present appellant-applicant.

Heard learned counsel for the appellant-applicant and

Public Prosecutor for the State on the application for temporary suspension of sentence.

Having regard to the facts and circumstances of the case and keeping in view the fact that the appellant-applicant has to perform last rites ceremony of his mother, I consider it just and proper to temporarily suspend the sentence of imprisonment awarded to the accused appellant-applicant for a period of twenty days.

Accordingly, the interim bail application filed under

Sec.389 Cr.P.C seeking temporary suspension of sentence is partly allowed and it is ordered that the sentence passed by the learned Special Judge, NDPS Cases, Pratapgarh vide judgment dated 30.11.2002 in Sessions Case No.14/2001 against applicant-appellant Kanhaiya Lal s/o Mangi Lal is temporarily suspended for a period of twenty days provided he executes a personal bond in the sum of Rs.20,000/- with two sureties of

Rs.10,000/- each to the satisfaction of the learned trial Judge for his surrender before that court on expiry of twenty days from the date of his release.

(H.R.PANWAR),J. m.asif/-


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