Rajasthan High Court - Jodhpur
Mahaveer Soni vs State on 8 August, 2017
Author: Sandeep Mehta
Bench: Sandeep Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Cr Temporary SOS (Appeal) No. 499 / 2017
in
S.B.Criminal Appeal No.217/2015
Mahaveer Soni S/o Late Sh. Narayan Lal, By Caste Soni, Resident
of Opposite SBI Bank, Indra Ciurcle, Bhilwara. (Presently Lodged
in District Jail, Bhilwara)
----Appellant
Versus
State of Rajasthan
----Respondent
_____________________________________________________
For Appellant(s) : Mr.Deepak Menaria.
For Respondent(s) : Mr.O.P.Rathi, P.P.
_____________________________________________________
HON'BLE MR. JUSTICE SANDEEP MEHTA
Judgment / Order 08/08/2017 Heard learned counsel for the appellant and learned Public Prosecutor on application for suspension of sentence.
The instant application for interim suspension of sentences has been preferred on behalf of the appellant Mahaveer Soni craving limited period's suspension of sentences so as to facilitate the treatment of his minor son Dev aged 4 years, who is reportedly suffering from complex congenital heart disease.
This Court had directed examination of the child by the Medical Board constituted at the Govt. Hospital Bhilwara. Learned counsel Shri Menaria has today placed on record copy of the Medical Board's report dated 27.7.2017 as per which, the child is suffering from a congenital heart disease TOF. He had been subjected to first phase operation on 27.9.2014 and another operation is required for the (2 of 2) [SOSA-499/2017] child's treatment.
In this background, I am of the opinion that the instant application for temporary suspension of sentences deserves to be accepted.
Accordingly, this application for temporary suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentences passed by the learned Additional Sessions Judge (Women Atrocities Cases), Bhilwara vide judgment dated 12.2.2015 in Sessions Case No.77/2005 against the appellant-applicant Mahaveer Soni, shall remain suspended for a period of two months from the date of his release and he shall be released on temporary bail for the said period, provided he executes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial court. The order shall be effective from the date of the applicant's release from custody. The Superintendent of the concerned jail shall give the date of surrender to the appellant in reference to the date of his release.
(SANDEEP MEHTA)J. /tarun goyal/