Raj HC | Court refuses temporary suspension of sentences; grants time for appellant to perform mother’s last rites

Rajasthan High Court: A Division Bench of Sandeep Mehta and Abhay Chaturvedi, JJ. refused an application for temporary suspension of sentences but however directed the applicant-appellant to be released from custody for performing the last rites of his mother.

In the present case, the appellant-applicant and his brother both have been in custody and their father had expired earlier. The mother of the two individuals in custody expired and thus they being the only two major males in the family could perform their mother’s last rites.

The learned counsel representing the appellant-applicant, Dhirendra Singh filed an application for temporary suspension of sentences and had also annexed the certificate of the counsellor confirming the death of the mother of the appellant-applicant.

The High Court upon perusal of the facts and circumstances and the pieces of evidence placed, disposed of the application for temporary suspension of sentences. However, looking at the peculiarity of the circumstances, directed the appellant-applicant a day to perform the last rites of his mother and shall be taken back and lodged to the custody upon completion of the last rites. The Court also directed that the appellant-applicant shall also be accompanied with appropriate prison and police guard at all times.[Manjit Singh v. State Of Rajasthan, 2019 SCC OnLine Raj 1672, decided on 18-07-2019]

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