ASHOK Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant application for temporary suspension of sentence under Sec. 389 Cr.P.C. has been filed by the petitioner on the ground of the illness of his wife. The allegation against the petitioner is of offence punishable under Sec. 8/15 and 8/25 of NDPS Act.

(2.) Learned counsel for the petitioner submits that wife of the petitioner has to undergone uterus operation and the date of her operation is fixed on 22/1/2024. In these circumstances, the petitioner may be granted temporary bail for a period of one month. Learned Public Prosecutor has submitted a report from MG Hospital, Bhilwara and verified the fact regarding operation of the petitioner's wife. The said report is hereby taken on record. I heard learned counsel for the petitioner as well as learned Public Prosecutor and perused the material available on record.

(3.) Having regard to overall facts and circumstances of the case and keeping in view the fact that operation of petitioner's wife is fixed on 22/1/2024, therefore, I deem it just and proper to release the petitioner on interim bail for a period of thirty days. Accordingly, the application for temporary suspension of sentence filed under Sec. 389 Cr.P.C. is allowed and it is ordered that the sentences passed by the learned Special Judge, NDPS Act Cases, No.1, Chittorgarh, vide judgment dtd. 17/11/2021 in Sessions Case No.58/2007 against the petitioner, Ashok S/o Mangi Lal Sharma, shall remain temporarily suspended and he shall be released on temporary bail for a period of thirty days from the date of his actual release, subject to the condition that he shall deposit a demand draft of Rs.2,50,000.00 of a Nationalized Bank executed in favour of the trial court and also furnishes a personal bond in a sum of Rs.4,00,000.00 with two sound and solvent sureties in the sum of Rs.2,00,000.00 (out of which one surety will be a close relative of the petitioner) 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 petitioner surrenders within the stipulated period then the demand draft of Rs.2,50,000.00 will be returned to him. In case, the petitioner fails to surrender before the concerned Jail after period of interim bail, the demand draft so deposited by the petitioner shall be forfeited.