KISHORE CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By an application under Section 389 Cr.P.C., applicant-appellant Kishore Chand seeks temporary suspension of sentence on the ground that his wife Kanta is suffering from APD, Cholelithiasis in G.B. Mass. He has placed on record a certificate issued by Dr. Ravi Shankar Goyal, M.S. Surgeon, Government Hospital, Sri Gangangar as also the Sonography Report of Paras Diagnostic Centre,, wherein it is stated that there is mass 20 mm seen and also seen a multiple calculus. According to the learned counsel for the appellant-applicant, the appellant-applicant's wife is required to undergo surgery.

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

(3.) Accordingly, the bail application filed under Section 389 Cr.P.C. is partly allowed and it is ordered that the sentence passed by th learned Special Judge, NDPS Cases, Sri Ganganagar in Criminal Case No. 32/2004 against appellantapplicant Kishore Chand S/o Shri Nand Lal shall remain temporarily suspended for 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 the trial Court after expiry of ten days from the date of his release and to undergo the sentence awarded.