Subhash Rawat vs The State Of Madhya Pradesh
2022 Latest Caselaw 5460 MP

                                                                                  1
                                                           IN THE HIGH COURT OF MADHYA PRADESH
                                                                         AT INDORE
                                                                           CRA No. 437 of 2016
                                                                 (SUBHASH RAWAT Vs THE STATE OF MADHYA PRADESH)

                                            Dated : 13-04-2022
                                                    Shri Amit Dube, learned counsel for the appellant.

                                                    Ms.   Mamta     Shandilya,    learned    Government     Advocate     for   the
                                            respondent/State.

Heard on I.A. No. 5015/2022, which is an application under Section 389 of the Cr.P.C. for temporary suspension of custodial sentence of the appellant on account of marriage of his son which is scheduled to be held on 19.04.2022.

The appellant stands convicted vide judgment dated 04.01.2016 passed by the Sessions Judge, Indore in Session Trial No. 1093/2012 for committing offence punishable under Section 302 of the IPC and sentenced to undergo life imprisonment with fine of Rs. 5,000/- and default stipulations.

Learned counsel for the appellant (through legal aid) submits that the appellant is in custody since 04.05.2012 and has never been released on bail, hence, he is entitled to be released on bail on account of marriage of his son.

The application for temporary suspension of sentence is supported by affidavit of the son of appellant who himself deposed against his own father before

the trial Court. Therefore, we have no reason to disbelieve his affidavit.

In view of the aforesaid, without commenting anything on the merits of the case, we are of the opinion that the appellant deserves to be released on temporary bail.

Accordingly, I.A. No. 5015/2022 is allowed and it is directed that upon furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety in the like amount which shall be furnished by the Gokul Rawat s/o Subhash Rawat, Kshipra Jheel, Dewas to the satisfaction of the trial Court, the execution of custodial part of the sentence of appellant - Subhash Rawat shall remain suspended for a period of 45 days from the date of his release. The appellant shall surrender before the jail authorities immediately after Signature Not VerifiedDigitally signed by SAN SREEVIDYA Date: 2022.04.13 17:17:00 IST expiry of 45 days from the date of his release, failing which the trial Court shall take necessary steps to take him into custody for serving the remaining part of jail

sentence.

List the appeal for final hearing in due course.

Certified copy as per rules.

                                                (VIVEK RUSIA)                                    (AMAR NATH (KESHARWANI))
                                                    JUDGE                                                 JUDGE

                                             vidya




Signature Not Verified
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  SAN                  SREEVIDYA
                       Date: 2022.04.13
                       17:17:00 IST