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2019 DIGILAW 20 (RAJ)

Pankaj @ Munendra Kumar v. State of Rajasthan, Through PP

2019-01-02

SANDEEP MEHTA, VINIT KUMAR MATHUR

body2019
JUDGMENT 1. The appellant-applicant seeks temporary bail for the purpose of participating in M.A. (Previous) Examination being held by Vardhman Mahaveer Open University, Kota. As per the schedule of examination presented with the application for suspension of sentence, the applicants examinations are to commence from 04.01.2019 and shall conclude on 15.01.2019. On an earlier occasion too, the applicant was granted temporary bail by this court vide order dated 09.10.2017 so as to participate in the B.Sc. Final Year Examination. The applicant reportedly appeared in the said examination and surrendered back upon completion of the period of temporary bail. 2. Learned Public Prosecutor has submitted the verification report of the SHO concerned, where nothing is mentioned regarding the applicants examination. 3. Having regard to the peculiar facts and circumstances of the case and more particularly, considering the aspect that the applicant has previously too, been released on temporary bail for the purpose of permitting him to participate in the examination, we are inclined to accept this application for temporary suspension of sentence so as to enable the applicant to appear in the M.A. (Previous) Examination scheduled to be held from 04.01.2019 to 15.01.2019. 4. Thus, the application for temporary suspension of sentence is allowed. The sentence awarded to appellant-applicant Pankaj @ Munendra Kumar S/o Mr. Dinesh Kumar by learned Additional Sessions Judge, Churu in Sessions Case No. 3/2017 vide judgment dated 02.06.2017 shall remain suspended for a period of 15 days from the date of his release. The applicant shall be released on temporary bail for a period of 15 days subject to furnishing a personal bond in the sum of Rs. 1,00,000/- and two sound and solvent sureties of Rs. 50,000/- each to the satisfaction of the Superintendent, Central Jail, Bikaner. The petitioner shall surrender before the Superintendent, Central Jail, Bikaner in the morning of the next day of completion of the period of temporary bail.