S.B.CRI.INTERIM SUSPENSION OF SENTENCE APPLICATION NO.52/2008 (Raghuveer Singh v. State of Raj.) IN S.B.CRIMINAL APPEAL NO.721/2007

HON'BLE MR. JUSTICE KRISHAN KUMAR ACHARYA Mr.Anil Joshi for Mr.M.K.Garg, for the appellants-applicants. Mr.Ashok Upadhyay, Public Prosecutor. These two applications for grant of temporary suspension of sentence have been decided by this common order. Heard learned counsel for the appellants as well as the learned Public Prosecutor. Learned counsel for the appellants states that appellants are brothers. Their mother Smt. Parmeshwari Devi has expired on 18.1.2008 and the presence of the accused-appellants is necessary at the time of Rasm Pagdi on 29.1.2008. The death certificate has also been produced before me. Learned counsel states that there is no likelihood of appellants absconding in any manner. It is prayed that sentence awarded to the accused- 2 appellants may be suspended temporarily for a period of 30 days. Learned Public Prosecutor opposed this bail application. I have considered the submissions advanced by learned counsel for the parties and perused the death certificate produced by learned counsel for the appellant. The verification report called by this court vide order dated 22.1.2008 has also been received in Temporary Bail Application No.52/2008, which reveals that the mother of the appellants has expired on

18.1.2008 and their presence is required at the time of social rites. Looking to the facts and circumstances of the case, I deem it just and proper to suspend the sentence of the accused- appellants only upto 3.2.2008. Accordingly, these criminal misc. temporary bail applications under Section 389 Cr.P.C. are allowed and the sentences passed by the learned Special Judge, NDPS Cases, Sri Ganganagar vide its judgments dated 22.8.2007 in Sessions Case Nos.38/2005 and 39/2005 against the appellants (1) Raghuveer Singh S/o Shri Bhagirath and (2) Ranveer Singh S/o Shri Bhagirath are temporarily suspended upto 3.2.2008 provided each of them executes a personal bond in the sum of Rs.50,000/- with 3 two sureties of Rs.25,000/- each to the satisfaction of the Special Judge, N.D.P.S. Cases, Sri Ganganagar on the following conditions:-

That they will keep peace in the society during the period of this interim bail. That they will not commit or he will not repeat such offences.

That they will surrender themselves before the learned Special Judge, N.D.P.S. Cases, Sri Ganganagar on 4.2.2008 after completion of this interim bail. NK (KRISHAN KUMAR ACHARYA) J.