PRADEEP KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By an application under Section 389 Cr.P.C. applicant-appellant Pradeep Kumar seeks temporary suspension of sentence on the ground that his wife is suffering from acute lumbago (Acute P&D LS) and she has been advised by the Doctor for MRI Lumbo Sacral spine at higher centre i.e. P.B.M. Hospital, Bikaner. A certificate has also been issued about the ailment of wife of the applicant by the Sarpanch, Gram Panchayat 4 M.L.,Panchayat Samiti Sri Ganganagar and that there is no male member at the applicant's house to look after and get the applicant's wife treated.

(2.) Having regard to the facts and circumstances of the case and purely on humanitarian consideration, I think it just and proper to temporarily suspend the sentence awarded to the accused appellant-applicant for a period of ten days from the date of his release.

(3.) Accordingly, the 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, NDPS Cases, Ganganagar vide judgment dt. 21.12.2005 in sessions case No. 08/2004 against applicant -appellant Pradeep Kumar S/o Charnjeet Singh shall remain temporarily suspended for a period of ten 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. 50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial court for his surrender before trial court on expiry of ten days period from the date of his release and to undergo the sentence awarded.