Raja @ Radheshyam vs The State Of Madhya Pradesh
2021 Latest Caselaw 6261 MP

                                     1                                CRA-2771-2020
           The High Court Of Madhya Pradesh
                      CRA-2771-2020
            (RAJA @ RADHESHYAM AND OTHERS Vs THE STATE OF MADHYA PRADESH)

10
Indore, Dated : 30-09-2021
       Shri Akash Rathi, learned counsel for the appellants.
       Ms. Harshlata Soni, learned Panel lawyer for the respondent-State.

Heard through Video Conferencing.

He ar d on I.A..No. 26558/2021, forth repeat application under section 389(1) Cr.P.C., seeking temporary suspension of sentence and grant of bail, on

behalf of the appellant No.4 Suresh on account of death of his father on 17/09/2021.

Th e appellant has been convicted under sections 307/149 of IPC and sentenced to suffer 07 years RI with fine of Rs.2000/- and under Section 148 of IPC and sentenced to suffer 01 year RI with fine of Rs.1000/- with default clause respectively vide judgment dated 06/03/2020 passed in Sessions Trial No.449/2012 by Additional Sessions Judge, Nagda, District-Ujjain.

Allegations against the applicant is of causing injury by iron pipe to the deceased.

Learned counsel for the appellant submits that father of the appellant No.4 has passed away on 17/09/2021 and he has to attend post death rituals, therefore, his jail

sentence may be temporary suspended on the terms and conditions this Court deems fit and proper.

The said fact regarding death of father of the appellant no.4 has been verified by the State counsel.

Considering the facts and circumstances of the case and submission of learned counsel for the parties, without expressing any opinion on merits of the case, regard being had to the fact that being a son, appellant No.4 has to do some post death rituals of his father, I.A. No. 26558/2021 for temporary suspension of sentence is allowed.

It is directed that execution of jail sentence of the appellant No.4-Suresh shall remain suspended for a period of three days from the date of his release and he shall be enlarged on temporary bail subject to furnishing personal bond in the sum of Rs.2,00,000/- (Rupees two lakhs only) with one solvent surety in the like amount to the satisfaction of the learned Trial Court and also subject to deposit of the fine 2 CRA-2771-2020 amount (if not already deposited). The appellant No.4-Suresh is directed to surrender before the trial Court on or before expiry of said period (three days from the date of release) under intimation to the Registry of this Court through his counsel. The period of temporary bail be reckoned from the date of his release. The following further conditions may also be observed by the appellant:

( i ) the appellant No.4 will abide by the terms and conditions of various

circulars and orders issued by the Government of India and the State Government as well as the local administration from time to time in the matter of maintaining social distancing, physical distancing, hygiene, etc, to avoid proliferation of Novel Corona virus(COVID-1);

( i i ) the concerned jail authorities are directed that before releasing the appellant No.4, the medical examination of the appellant No.4 be conducted through the jail doctor and if it is prima-facie found that he is having any symptoms of Covid-19, then the consequential follow up action or any further test required be undertaken immediately.

Learned State counsel is directed to send e-copy of this order to all the concerned including the concerned Station House Officer of the Police Station for information and necessary action.

I.A. stands closed.

Let complete period of jail incarceration of appellant No.3-Dinesh be made available on the next date of hearing by the State counsel List the case after two weeks for consideration of I.A. No.26905/2021, an application for suspension of sentence filed on behalf of appellant No.3-Dinesh.

(ROHIT ARYA) JUDGE

vc VARSHA CHATURVEDI 2021.09.30 17:55:28 +05'30'