- (1.) THE appellant has filed this application seeking temporary suspension of sentence with reference to the fact that marriage of his daughter is to be solemnised on 01.05.2012 i.e., today.
(2.) THIS application was taken up on 25.04.2012 when the Public Prosecutor was granted time to procure verification. Then on 27.04.2012, the verification as received from the SHO, Police Station, Devgarh District Rajsamand was considered confirming about fixing of the marriage but also containing adverse comments about likelihood of the petitioner absconding. It was also noticed that there was nothing on record to show that the parties to the prospective marriage were of marriageable age. The learned counsel for the appellant was, thus, granted time for filing the necessary affidavit/documents. The matter was, then, taken up on 30.04.2012 and though no documents were filed on behalf of the appellant, the learned Public Prosecutor pointed out that he had instructed the concerned Officers to carry out necessary verification regarding the age and he had received the report that would be filed during the course of day. The matter was, accordingly, adjourned to this date. In the second verification report dated 29.04.2012, the concerned SHO has not been able to state the age verification of the daughter of the appellant while stating that the members of the family assured to produce the documents after getting the same prepared but such documents have not been filed yet. The learned counsel for the appellant submits that though as per his oral instructions, the daughter of the appellant is about 19 years of age but then, no documentary proof is available nor there is available any person in the family who could swear the affidavit in support. Having regard to the circumstances, particularly when it has not been brought out to our satisfaction that the daughter of the appellant is of marriageable age by way of cogent evidence, we are disinclined to grant indulgence by way of temporary suspension of sentence. However and yet, in the interest of justice, it is observed that if the appellant is able to bring to the satisfaction of the Superintendent, Central Jail, Jodhpur the fact about marriageable age, the concerned Jail Superintendent may consider making arrangements for sending the appellant to attend the marriage in police custody today. Subject to the observations above, this application for temporary suspension of sentence stands rejected.;