- (1.) THE applicant Manoj Kumar @ Mana Ram has moved this application under Section 389 Cr.P.C. seeking temporary suspension of execution of sentence on the ground that the marriage of his son is to be solemnized on 12.05.2013 at his village Jhak, Tehsil Bilara, District Jodhpur and being the father of the groom and head of the family, his presence is required for the essential ceremonies as also for making necessary arrangements. The marriage invitation card as said to has been issued from the side of the applicant has been placed on record. A certification from Sarpanch, Gram Panchayat, Jhak, Tehsil Bilada has also been placed on record.
(2.) UPON moving of this application, the learned Public Prosecutor was granted time to procure necessary verification. The learned Public Prosecutor submits with reference to the communication received from the SHO, Police Station, Bilara that the marriage of the son of the applicant Mithun who is above 21 years of age, is scheduled for 12.05.2013 with Ms. Kiran, aged about 19 1/2 years. It has also been pointed out that the applicant is in custody for about 9 years and during this period, he has been released at least five times on parole or on temporary suspension of sentence and every time, he has availed of the indulgence without any cause of complaint.
(3.) IN the totality of circumstances, we find it just and proper to grant indulgence to the applicant for a few days in relation to the cause as stated i.e., marriage of his son. We deem it proper to order temporary suspension of execution of sentence awarded to the applicant for 5 days from today,i.e., 10.05.2013 to 14.05.2013.;