1 S.B.CRI.MISC.APPLI. FOR TEMPORARY SUSPENSION OF SENTENCE NO38/2008 (Kailash Chandra Vs. State of Raj.) IN S.B.CRIMINAL APPEAL NO.921/2003 Date of order : : 24.01.2008 HON'BLE MR. KRISHAN KUMAR ACHARYA, J. Mr.M.L.Bishnoi, for the appellant-applicant. Mr.Ashok Upadhyay, PP for the State. Heard learned counsel for the appellant as well as the learned Public Prosecutor. This application for grant of temporary suspension of sentence has been filed on behalf of the accused-appellant Kailash Chandra on the ground of ailment of his wife. It is contended by learned counsel for the appellant that Smt.Shanti Devi wife of the accused-appellant is seriously ill and she required surgical treatment. He further states that there is no other male member in his family to look after his wife. Learned counsel also states that previously, the sentence of the appellant was temporary suspended by this Court and he has not misused the liberty of interim bail. Learned Public Prosecutor opposed this application 2 seeking temporary suspension of sentence. He has produced before me the verification report sent by Superintendent of Police, District Chittorgarh in compliance of the order of this Court dt. 17.1.2008. I have considered the submissions advanced by learned counsel for the parties and also gone through the verification report regarding illness of Smt. Shanti Devi, wife of the accused-appellant. It has been reported that wife of the accused-appellant is suffering from nasal disease and she required surgical treatment. A medical report has also been enclosed with the verification report. Looking to all the facts and circumstances of the case, I deem it just and proper to suspend the sentence of the accused appellant-Kailash Chandra temporarily for a period of one month. Accordingly, the application filed under Sec.389 Cr.P.C seeking temporary suspension of sentence is allowed and the sentence passed by the learned Special Judge, NDPS Cases, Chittorgarh vide judgment dated 4.8.2003 in Sessions Case No.58/2000 against the appellant Kailash Chandra S/o Nanu Ram Gurjar is temporarily suspended for a period of one month provided he executes a personal bond in the sum of Rs.40,000/- 3 with two sureties of Rs.20,000/- each to the satisfaction of the Special Judge, N.D.P.S. Cases, Chittorgarh on the following conditions:- 1. That he will keep peace in the society during the period of this interim bail. 2. That he will not commit or he will not repeat such offences. 3. That he will surrender himself before Special Judge, N.D.P.S. Cases, Chittorgarh after completion of one month. This period will count from actual date of release. (KRISHAN KUMAR ACHARYA), J. NK