KALU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By an application under Section 389 Cr.P.C., applicant-appellant Kalu S/o Narayan Labana seeks temporary suspension of sentence on the ground that his grand-father Thavar Chand is suffering from heart ailment and needs urgent surgery, who has been referred to higher centre by Bilqis Bai Memorial Medical Ward, District Hospital, Pratapgarh. Learned counsel for the appellant-applicant has placed on record the Discharge Ticket, as also the prescriptions and a certificate issued by the Gram Panchayat, Kulmipura, Panchayat Samit, Pratapgarh.

(2.) Learned Public Prosecutor appearing for the respondent-State submits that on humantarian ground, the sentence of the appellant-applicant for a reasonable period may be suspended.

(3.) Having regard to the facts and circumstances of the case and the fact that except the appellant-applicant, there is no one to take his old and ailing grand-father for medical check-up and treatment, I think it just and proper to temporarily suspend the sentence of imprisonment awarded to the appellantapplicant for thirty days from the date of his release.