Ritendra @ Bhayyu vs The State Of Madhya Pradesh
2022 Latest Caselaw 4697 MP

                                                  1                                      CRA No.211/2012



          High Court of Madhya Pradesh, Jabalpur
                      Bench at Indore
             Criminal Appeal No.211/2012
Indore, Dated 01.04.2022
      Shri Prateek Jain, learned counsel for appellant Ritendra @
Bhayyu s/o Onkar Singh Solanki.
      Shri Vishal Sanothiya, learned Government Advocate for the
respondent / State of Madhya Pradesh.
Per Vivek Rusia, J.

Heard on IA No. 4489/2022, a repeat (fourth) application under Section 389 (1) of the Code of Criminal Procedure, 1973 for temporary suspension of jail sentence and grant of temporary bail filed on behalf of appellant Ritendra @ Bhayyu S/o Onkar Singh Solanki, on account of death of mother of appellant namely Padma Solanki w/o Onkar Solanki, for a period of thirty days.

The present appellant has been convicted and sentenced by learned Additional Sessions Judge, Indore, District Indore (MP) in Sessions Trial No.530/2011 vide judgment dated 13th January, 2012, as under: -

               Conviction                                 Sentence
     Section    Act            RI           Fine amount   Imprisonment in lieu of fine
      302       IPC     Life Imprisonment   Rs.2,000/-           6 months RI

Learned counsel for the appellant submits that mother of the appellant expired on 23.03.2022 and her 13th day ceremony is scheduled on 03.04.2022. The appellant being her son is willing to

attend the 13th day ceremony.

Learned counsel has further submitted that the appellant is in jail since the date of his arrest and has completed more than ten years in jail. At the time of commission of offence, the appellant was nineteen years of age.

The application is supported by an affidavit of sister of the appellant.

Learned Government Advocate opposes the application and prays for its rejection.

Having considered the submissions and on perusal of the record, we have no reason to disbelieve the factum of death of mother of the appellant.

In this view of the matter, it would be expedient to allow the present application for suspension of jail sentence temporarily for a period of three months only.

Accordingly, without expressing any opinion on the merits of the case, IA No.4489/2022 is allowed and the jail sentence awarded to the appellant is temporarily suspended for a period of three months. It is directed that appellant Ritendra @ Bhayyu s/o Onkar Singh Solanki shall be released on temporary bail for a period of three months from the date of his / her release, subject to furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in like amount to the satisfaction of the concerned trial Court, with an undertaking that he / she will surrender immediately after completion of three months

from the date of his / her release. This temporary bail / suspension order shall be subject to the condition that the appellant shall submit an undertaking that he / she shall surrender himself / herself on or before the expiry of three months from the date of his / her release, failing which he / she shall be arrested and taken into custody by the police to suffer the remaining sentence under the written intimation to this Court, in accordance with the law.

C. c. as per rules.

                              (Vivek Rusia)                          (Subodh Abhyankar)
                                  Judge                                      Judge
   rcp




RAMESH CHANDRA PITHWE
2022.04.01 17:46:13 +05'30'