Manoj vs The State Of Madhya Pradesh
2021 Latest Caselaw 1543 MP

                                    1                             CRA-1205-2017
          The High Court Of Madhya Pradesh
                     CRA-1205-2017
                       (MANOJ Vs THE STATE OF MADHYA PRADESH)

6
Indore, Dated : 23-04-2021
         Heard through Video Conferencing.
         Shri S. K. Meena, Advocate for the appellant.
         Shri Amit Singh Sisodiya, Government Advocate for the respondent /

State.

Heard on I.A.No.6074/2021 filed by the appellant / accused under

section 389 (1) of Cr.P.C. for temporary suspension of his substantive jail sentence on the ground of marriage of his daughter.

The appellant has filed this present appeal against the judgment of conviction and order of sentence dated 2.6.2017 awarded by the Court of First Additional Session Judge, Neemuch (MP) in S.T.No.38/14 whereby the appellant / accused has been convicted under sections 302 and 201 of the IPC and sentenced to undergo RI for life with fine of Rs.20000/- and RI for three years with fine of Rs.5000/- respectively, with default stipulation clause as mentioned in the impugned judgment.

Learned counsel for the appellant submitted that marriage of daughter of the appellant is scheduled to be held on 30.4.2021 and the presence of the appellant being father is necessary for performing marriage rituals. Therefore, his sentence be temporarily suspended for a period of fifteen days and he be released on bail.

Learned Government Advocate has submitted that the factum of marriage has been verified and found to be genuine.

Having considered the contentions of learned counsel for the parties, this Court is inclined to allow IA No.6074/2021 and temporarily suspend the jail sentence awarded to the appellant on the ground of marriage of appellant's daughter.

It is ordered that execution of jail sentence of appellant Manoj shall remain 2 CRA-1205-2017 suspended temporarily and he be released on interim bail for a period of fifteen days from the date of his release upon his furnishing a personal bond in the sum of Rs.50,000/- (Fifty Thousand only) with two sureties of Rs.25,000/- each to the satisfaction of the learned trial court. It is also directed that immediately on expiry of the aforesaid period of fifteen days from the date of his release, the appellant shall surrender before the Central

Jail, Ujjain for undergoing remaining part of his jail sentence, failing which, as per law the proceeding be initiated for his arrest.

The jail authorities shall have the appellant checked by the jail doctor to ensure that he is not suffering from the corona-virus and if he is, he shall be sent to the nearest hospital designated by the State for treatment. If not, he shall be transported to his place of residence by the jail authorities.

CC as per rules.

             (MOHAMMAD RAFIQ)                                   (SANJAY DWIVEDI)
              CHIEF JUSTICE                                             JUDGE


     jp
Digitally signed by JITENDRA
KUMAR PAROUHA
Date: 2021.04.24 11:09:19
+05'30'