Suresh vs The State Of Madhya Pradesh Thr
2021 Latest Caselaw 2539 MP

                                          1                           CRA-7531-2018



                 THE HIGH COURT OF MADHYA PRADESH

                           CRA-7531-2018
             (SURESH Vs THE STATE OF MADHYA PRADESH)

Gwalior, dt. : 18/06/2021

        Shri Arun Kumar Pateriya, learned counsel for the appellant.

        Shri R.S. Kushwah, learned Public Prosecutor for respondent/State.

Heard through Video Conferencing.

This criminal appeal assails the judgment dated 31/07/2018 passed in

S.T.No.60/2015 by Additional Sessions Judge, Karera District Shivpuri

whereby sole appellant- Suresh has been convicted as under:

       Section             Imprisonment                  Fine
       302/149 of IPC      Life Imprisonment             Rs. 5000/- with
                                                         default stipulation
       148 of IPC          01 year R.I.                  Rs.1000/-        with
                                                         default stipulation

I.A.11920/2021, third repeat application u/S.389(1) Cr.P.C. for grant of

interim suspension of sentence (90 days) moved on behalf of sole appellant-

Suresh on the ground of ill health of wife who requires surgical intervention is

taken up and considered.

Learned counsel for the State opposed the application and prayed for its

rejection by contending that on the basis of the allegations and the material

available on record, no case for grant of interim suspension of sentence is made

out.

Since the report filed by the State has found the factum of ailment of

wife to be true, this court, without entering into merits of the case, is inclined to

grant interim suspension of sentence to sole appellant- Suresh for a period of 2 CRA-7531-2018

90 days.

Accordingly, without expressing any opinion on merits,

I.A.No.11920/2021 is allowed and it is directed that sole appellant- Suresh be

released on interim bail for a period of 90 (Ninety) days from the date of

release, subject to his furnishing bail bond of Rs.50,000/- (Rupees Fifty

Thousand Only) with two solvent sureties of the like amount to the

satisfaction of concerned/available Magistrate provided that amount of fine has

been deposited by sole appellant- Suresh.

It is further directed that sole appellant- Suresh shall surrender before

the concerned Magistrate immediately after expiry of 90 days.

The learned concerned CJM/available Magistrate and the prosecution are

directed to ensure following of Covid-19 precautionary protocol prescribed

from time to time by the Supreme Court, the Central Govt. and as well as the

State Govt during release, travel and residence of sole appellant- Suresh

during period of suspension of sentence as a consequence of this order.

The intimation regarding surrender by sole appellant- Suresh be

furnished to this Court by the concerned Magistrate.

A copy of this order be sent to the Court concerned for information.

List the case 10 days before expiry of 90 days (ninety days).

C.c as per rules.

                                                   (Sheel Nagu)                    (Rajeev Kumar Shrivastava)
                                                     Judge                                   Judge

    pd

PAWAN   Digitally signed by PAWAN
        DHARKAR
        DN: c=IN, o=HIGH COURT OF
        MADHYA PRADESH BENCH



DHARK
        GWALIOR, ou=HIGH COURT OF
        MADHYA PRADESH BENCH
        GWALIOR, postalCode=474011,
        st=Madhya Pradesh,
        2.5.4.20=345b3604d572ed9dd1492f


AR
        e82dc3b1eef67eff2cb59f3ac97e920
        ac264de7828, cn=PAWAN DHARKAR
        Date: 2021.06.18 19:23:47 +05'30'