SUNIL KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant application for temporary suspension of sentence under Sec. 389 CrPC has been preferred on behalf of the appellant-applicant Sunil Kumar S/o Bheraram, who has been convicted and sentenced for the offences under Sec. 8/15 of the NDPS Act vide judgment dtd. 20/7/2022 passed by the learned Special Judge, NDPS Cases-cum-Additional Sessions Judge No.1, Nagaur in Sessions Case No.94/2018, seeking interim bail for a period of 30 days on the ground that his father is suffering from oral cavity cancer.

(2.) Learned counsel for the applicant-appellant submits that the his father is suffering from oral cavity cancer. and the appellant-applicant is the only able bodied person in the family, who can take care of his father for providing her proper treatment/follow up etc. Learned counsel further submits that on earlier two occasions also sentence of applicant-appellant was suspended, which he peacefully availed and returned back to the prison.

(3.) Learned Public Prosecutor has placed on record the verification report received from the SHO, Police Station Shri Balaji, District Nagaur as per which, the appellant-applicant is the only able bodied person in the family. The appellant's father is suffering from oral cavity cancer. The SHO has not expressed any apprehension of the appellant absconding in case, if he is granted interim bail.