Rasu vs The State Of Madhya Pradesh
2021 Latest Caselaw 4624 MP

 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

                       CR. A. No. 1595 / 2017
                        RASU Vs. STATE OF MP
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INDORE, Dated : 24/08/2021
         Heard through video conferencing.
         Mr. Manu Maheshwari, learned counsel for the appellant.
         Mrs. Mamta Shandilya, learned G.A. for the respondent -

State.

Heard on I.A.No. 22409/2021, which is second application u/S. 389(1) of the Code of Criminal Procedure, 1973 for temporary suspension of jail sentence and grant of bail filed by appellant Rasu.

Learned counsel for the appellant submits that daughter of the appellant passed away on 14/8/2021, after passing the earlier order and since he is the eldest male member in the family, therefore, remaining jail sentence of the appellant may be temporarily suspended for a period of 30 days so that the appellant may attend the last rites of her deceased daughter.

The factum of death of appellant's daughter has been verified by Mrs. Mamta Shandiliya, learned Government Advocate for the respondent - State.

The appellant is in custody on account of his conviction vide judgment dated 2/8/2017 passed in S.T.No. 40/2016 whereby the appellant has been convicted for offence punishable u/S. 302 of the Indian Penal Code, 1860 and sentenced to imprisonment for life with fine Rs.10,000/-, with default clause to further undergo 6 months RI.

Considering the aforesaid and looking to the nature of accusation made against the present appellant, it has been verified that daughter of the deceased died on 14/8/2021, without expressing any opinion on the merits of the case, we allow the HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

CR. A. No. 1595 / 2017 RASU Vs. STATE OF MP

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prayer for grant of temporary suspension of jail sentence of appellant Rasu.

It is directed that execution of remaining jail sentence of appellant shall remain suspended temporarily for a period of 15 days (fifteen days) and he be released on bail, subject to his furnishing a personal bond of Rs.80,000/- (Rs. Eighty thousand only) with one local surety in the like amount to the satisfaction of the trial Court and with an understanding that he will surrender immediately after expiry of the aforesaid period from the date of his release. I.A.No. 22409/2021 stands disposed of.

Certified copy, as per Rules.

             (SUJOY PAUL)                    (ANIL VERMA)
               JUDGE                           JUDGE
KR




Digitally signed by KAMAL RATHORE
Date: 2021.08.24 17:20:51 +05'30'