Shankar Lal vs State of Rajasthan

Vineet Kothari, V.J. and Narendra Kumar Jain, V.J.

Heard learned Counsel for the accused-Appellant and learned public prosecutor for the State.

The accused-Appellant, who has been convicted and sentenced for the offence punishable under Sections 302 of IPC and Section 3/25(1-B)(a) of Arms Act, has applied for temporary bail/suspension of sentence for providing better treatment to his ailing wife, who is suffering from fibroid disease uterus and she has been advised for operation. A photocopy of the certificate issued by the Dr. Jay Lakhtakia, Jr. Specialist, Government Referral Hospital, Rajgarh, District Churu has been filed along with the bail application whereby the Petitioner''s wife has been advised for operation/surgery.

Learned Counsel for the Petitioner submits that the accused-Appellant may be granted temporary bail for a period of thirty days to attend his ailing wife and for better treatment as his father is an old person. He further submits that earlier also the accused-Appellant was released on temporary bail by this Court vide order dated 06.07.2009 in D.B. Criminal Misc. Temporary Bail Application No. 544/2009 for a period of two weeks and he has surrendered himself timely before the jail authorities.

Learned Public Prosecutor, however, opposed the said request and prayed for dismissal of temporary bail application.

Having heard learned Counsel for the accused-Appellant and the learned Public Prosecutor, it is ordered that the sentence awarded to the accused-Appellant- Shankar Lal S/o Pat Ram, by learned Special Judge SC/St (Prevention of Atrocities Act Cases), Hanumangarh in Sessions Case No. 14/2006 shall remain temporarily suspended for a brief period of fifteen days from the date of actual release on usual conditions provided that he deposits a sum of Rs. 20,000/- in cash with the Superintendent of Jail, Central Jail, Bikaner and also executes a personal bond of Rs. 20,000/- along with two sureties in the sum of Rs. 10,000/- each to the satisfaction of learned trial court i.e. Special Judge SC/St (Prevention of Atrocities Act Cases), Hanumangarh with the stipulation that he will surrender before the Superintendent, Central Jail, Bikaner on or before the date specified by the jail authorities. The said conditions be incorporated in the bonds also.

Accordingly, the temporary bail (SOS) application is allowed.