Madhya Pradesh High Court
Ritendra @ Bhayu vs The State Of Madhya Pradesh on 1 April, 2022
Author: Vivek Rusia
1 CRA No.1215/2013
High Court of Madhya Pradesh, Jabalpur
Bench at Indore
Criminal Appeal No.1215/2013
Indore, Dated 01.04.2022
Shri Vivek Singh, learned counsel for appellant Ritendra @
Bhayyu s/o Onkar Singh Solanki.
Shri Kamal Kumar Tiwari, learned Government Advocate for
the respondent / State of Madhya Pradesh.
Per Vivek Rusia, J.
Heard on IA No. 4486/2022, 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 and Special Judge (Electricity
Act) Court No.5, Indore, District Indore (MP) in Sessions Trial
No.70/2012 vide judgment dated 24th August, 2013, as under: -
Conviction Sentence
Section Act RI Fine amount Imprisonment in lieu of fine
302 IPC Life Imprisonment Rs.5,000/- 3 months RI
147 r/w 148 IPC 1 year - -
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.4486/2022 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) (Pranay Verma)
Judge Judge
rcp
RAMESH CHANDRA PITHWE
2022.04.01 17:47:32 +05'30'
