- (1.) THE learned counsel for the applicants does not want to press the application for temporary suspension of sentence filed under section 389 CrPC by applicant-appellants-Teja Ram son of Sona Ram and Kesha Ram son of Hema Ram.
(2.) IN this view of the matter, the bail application for temporary suspension of sentence filed by applicant-appellants Teja Ram son of Sona Ram and Kesha Ram son of Hema Ram is dismissed as not pressed. Heard learned counsel for the applicant as well as the learned Public Prosecutor for the State and perused the material available on record. By the instant application for temporary suspension of sentence, applicant-appellant-Mada Ram son of Kana Ram seeks temporary suspension of sentence for a period of 30 days on the ground that his father Kana Ram has died on 01.7.2012 and he being his son wants to perform his last rites. To substantiate this fact, the applicant-appellant has placed on record a death certificate of Kana Ram issued by Registrar(Birth- Death), Gram Panchayt, Mengalwa, Panchayat Samiti, Sayla, District Jalore. Learned Public Prosecutor has vehemently opposed the temporary bail. Having considered all the facts and circumstances of the case particularly the fact that the applicant-appellant Mada Ram is the son of deceased Kana Ram and he has to perform his last rites, in my opinion, it is a fit case to grant temporary bail to the applicant-appellant-Mada Ram for a period of two days.
(3.) ACCORDINGLY, the application for temporary suspension of sentence filed by applicant-appellant Mada Ram is allowed and it is ordered that the sentence of applicant- Mada Ram son of Kana Ram shall remain suspended for a period of two days i.e. for 14th and 15th July, 2012 on usual conditions provided that he executes a personal bond in the sum of Rs.20,000/- along with two sureties in of Rs.10,000/- each to the satisfaction of the learned Additional Sessions Judge (Fast Track), Jalore. The applicant-appellant-Moda Ram shall surrender himself before the Superintendent, Central Jail, Jodhpur in the morning of next day i.e. 16th July, 2012. The said conditions be incorporated in the bonds also.;