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Judgment
The instant application for temporary suspension of sentences under Section 389 CrPC has been preferred on behalf of the appellants-applicants, Badar son of Lemba Ram and Ansuz son of Lemba Ram, who are brothers and have been convicted and sentenced for the offences under Sections 302/34, 324/34 & 307/34 IPC vide Judgment dated 07.07.2018 passed by learned Additional Sessions Judge, Sagwara, District Dungarpur in Sessions Case No.21/2016, on the ground that their mother Smt. Nani is to be subjected to cataract surgery which has been fixed on 08.09.2021.
Learned Public Prosecutor has placed on record the verification report received from the S.H.O. Police Station Sagwara, District Dungarpur fortifying the assertion made in this application for temporary SOS.
Considering the material available on record, we deem it fit to temporarily suspend the sentences awarded to the appellant-applicant No. 2 - Ansuz son of Lemba Ram for a period of ten days.
Accordingly, the application for temporary suspension of sentences is allowed. The sentences awarded to appellant-applicant No. 2 - Ansuz son of Lemba Ram by learned Additional Sessions Judge, Sagwara, District Dungarpur in Sessions Case No.21/2016 vide judgment dated 07.07.2018 shall remain suspended for a period of ten days from the date of his actual release subject to furnishing a personal bond in the sum of Rs.80,000/- and two sound and solvent sureties in the sum of Rs. 40,000/- each to the satisfaction of the Superintendent, Central Jail, Udaipur. The applicant-appellant No. 2 shall surrender before the Superintendent Central Jail, Udaipur in the morning of the next day of completion of the period of temporary bail. The period of bail shall be counted from the date of actual release.