Piyush Sharma @ Kaka vs The State Of Madhya Pradesh
2021 Latest Caselaw 6082 MP

                                   1                                  CRA-585-2016
        The High Court Of Madhya Pradesh
                   CRA-585-2016

(PIYUSH SHARMA @ KAKA Vs THE STATE OF MADHYA PRADESH)

Indore, Dated : 27-09-2021 Shri Avinash Kumar Khare, learned counsel for the appellant. Smt. V. Phaye, Public Prosecutor for State.

Heard on I.A.No.25933/2021, which is 5th application for temporary suspension of jail sentence of the appellant. The appellant has been convicted by the 3rd ADJ, Dewas, vide judgment dt.8.3.2016, passed in ST.No.115/13,

for the offence punishable under Sections 302 of IPC, sentenced to undergo life imprisonment with fine of Rs.2500/-, under Section 449 of IPC, sentenced to undergo 10 years RI with fine of Rs.1000/-, under Section 25(1B) (A) read with Section 3 sentenced to undergo 5 years RI and under Section 27 of Arms Act, sentenced to undergo 7 years RI, with default stipulation on each count.

As per this application, the suspension of sentence has been sought for a temporary period on account of serious condition of the father of the appellant. The medical documents were required to be verified.

Learned Public Prosecutor for the State today has submitted that as per oral verification report received, the father of the appellant has expired.

Learned counsel for the appellant has sought suspension in view of the aforesaid new development.

Considered.

In view of the above, we are inclined to allow the temporary suspension of jail sentence of the appellant. Accordingly, I.A.No.25933/2021 is allowed and it is directed that upon appellant's depositing the fine amount and on furnishing a personal bond to the tune of Rs.50,000/- with one local solvent surety in the like amount to the satisfaction of the trial Court, the substantive jail sentence of the appellant shall be suspended temporarily for a period of 13 days (Thirteen days only) 2 CRA-585-2016 from the date of his release and he shall surrender himself before the concerned trial Court on the expiry of 13th day from the date of his release.

In case, appellant does not surrender himself before the concerned trial Court then, coercive measures shall be taken by the trial Court for his arrest.

List for final hearing in due course.

   (SUJOY PAUL)                                     (SHAILENDRA SHUKLA)
      JUDGE                                                   JUDGE


SS/-

             Digitally signed by SHAILESH
             MAHADEV SUKHDEVE
             Date: 2021.09.28 11:15:25
             +05'30'