Rajasthan High Court - Jaipur
Dharam Singh vs State on 18 December, 2012
Author: Mohammad Rafiq
Bench: Mohammad Rafiq
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. CR. SUSP. OF IIIrd SENT. APP. (INTERIM BAIL) NO.1027/2012 Dharam Singh Vs. State IN D.B. CRIMINAL APPEAL NO.1024/2005 Date of order : 18/12/2012. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ HON'BLE DR. JUSTICE MRS. MEENA V GOMBER Shri Deshraj Kalwania for the appellant. Shri J.R. Bijarniya, PP for State. ******
This application for interim bail has been filed by the accused-Dharam Singh, who has been convicted for offence u/s. 341, 302 and 302/34 IPC and sentenced to life imprisonment. Counsel for the appellants submits that two applications for suspension of sentence of accused-appellant have been dismissed by this Court. In view of judgement of division bench of this Court in Umesh Kumar Singh vs. State & Anr., he cannot now file application for release on parole. However, he has availed regular parole on four different occasions and there was no complaint about his conduct and he surrendered before the jail authorities on the appointed dates. He has filed the present application for interim bail on the ground that he has only two sons namely; Rakesh Kumar and Mukesh Kumar and both are going to get married on 25.12.2012. With the application, the invitation card of the marriage has also been enclosed.
We on the last date of hearing required the learned Public Prosecutor to verify the correctness of assertion made by counsel for the appellant, through police. Today, he submits that police has made enquiry and has found that the marriage of two sons of the appellant is indeed scheduled to be solemnized on 25.12.2012.
We are, therefore, persuaded to release the accused-petitioner Dharam Singh S/o Shri Nandram on interim bail for a period of fifteen days from the date of his release, upon his furnishing a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000 each to the satisfaction of the Superintendent Central Jail, Bikaner with the stipulation that he shall surrender before the jail authorities immediately after expiry of the period of fifteen days. In case, appellant fails to surrender immediately after expiry of stipulated period of fifteen days, the jail authorities shall immediately inform the concerned Magistrate for procuring his arrest.
(DR.MEENA V GOMBER),J. (MOHAMMAD RAFIQ), J. RS/S-43
All corrections made in the judgement/order have been incorporated in the judgement/order being emailed. (Ravi Sharma,P.A.)