Ramesh vs The State Of Madhya Pradesh
2021 Latest Caselaw 8598 MP

                                                                       1                                CRA-5144-2017
                                           The High Court Of Madhya Pradesh
                                                    CRA No. 5144 of 2017
                                                   (RAMESH AND OTHERS Vs THE STATE OF MADHYA PRADESH)


                                Indore, Dated : 10-12-2021
                                         Shri Rajesh Yadav, learned counsel for appellant.

                                         Shri Shudhanshu Vyas, learned P.L. for respondent/State.

Heard on IA No.28784/2021, which is third (repeat) application filed under Section 389 of Cr.P.C seeking temporary suspension of sentence of appellant No.3 Ramnivas on the ground that wife of the appellant No.3 namely; Sheela Patidar is pregnant. The appellant has been convicted by the First Additional Sessions Judge,

Shujalpur, District Shajapur for the offence punishable under Sections 302/149 and 148 120-B of IPC vide judgment dated 07.11.2017 passed in S.T. No. 205/2015 and has been sentenced to undergo one year R.I. with a fine of Rs.5000/- and Rs.1000/- respectively and in default of fine amount further one year and three months R.I .

Shri Rajesh Yadav, learned counsel for appellant submits that wife of appellant No.3 is pregnant and approximate date for delivery given by doctor is 18.12.2021 and he being a husband, his presence is very essential during that period for taking care of his wife. The medical documents filed along with this application have been verified by the learned counsel for the respondent/State and they have been reported to be genuine.

In the available facts and circumstances of the case, we deem it fit to allow this application and directed that jail sentence of appellant no.3 Ramnivas shall be temporarily suspended for a period of ten days from the date of his release on his furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) with one local surety in the like amount to the satisfaction of trial Court and he shall surrender before the concerned trial Court on the expiry of the aforesaid period of ten days, failing which the trial Court shall seek recourse of measure as prescribed under Cr.P.C c.c as per rules.

                                    (SUJOY PAUL)                                                (PRANAY VERMA)
                                       JUDGE                                                         JUDGE

                                jyoti


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Date: 2021.12.13 17:11:33 IST