- (1.) HEARD .
(2.) THIS application is being preferred on behalf of convict applicant- Laxman Singh to have temporary suspension of sentence awarded by the learned Special Judge (SC/ST) Cases, Pali in Sessions Case No.122/2000 vide the judgment and order dated 11.07.2011 convicting him for the offences under Sections 341, 323/34, 364/34 of IPC r/w Section 3 (2) (5) of SC/ST Act and for the offence u/s 302/34 r/w S. 3 (2) (5) of SC/ST Act, on account of providing assistance to his two sons, namely, Govind Singh and Narendra Singh, of the applicant for admission in 9th standard and 6th standard respectively and, so also, to his niece, namely, Ms. Durgesh and nephew, namely, Surya Pratap Singh, who have passed 11th standard and 9th standard, whose father, namely, Hanuman Singh had expired during the trial on 22.11.2008. It is stated that sons of the applicant, namely, Govind Singh and Narendra Singh and, so also, niece and nephew, namely, Ms. Durgesh and Surya Pratap Singh are upright students and have qualified from a Govt. School. It is also stated by the learned counsel for the applicant that there is no major male member in the family of the convict-applicant except ladies, who are 'Parda-Nashin", to extend the assistance required. Learned counsel for the petitioner also argued that a coordinate bench of this Court has granted temporary bail in similar situation while allowing D.B. Criminal Misc. Temporary Bail Application (Suspension of Sentence) Application No.689/2008- Suresh Choudhary Vs. State vide the order dated 29.05.2013.
(3.) LEARNED Public Prosecutor does not dispute the fact that during the trial the applicant was on bail.;