Rahul @ Siremdra vs The State Of Madhya Pradesh
2022 Latest Caselaw 5865 MP

                                                                                   1
                                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                                        AT INDORE
                                                                            CRA No. 8982 of 2018
                                                                 (RAHUL @ SIREMDRA Vs THE STATE OF MADHYA PRADESH)

                                            Dated : 21-04-2022
                                                  Shri Pradeep Kumar Gupta on behalf of Shri Bharat Yadav, learned counsel

                                            for the appellant.
                                                  Shri Kamal Kumar Tiwari, learned Government Advocate for the
                                            respondent/State.

Heard on I.A. No. 4923/2022 which is an application under Section 389(1) of the Cr.P.C. for temporary suspension of custodial sentence of the appellant on

account of marriage of his sister which is scheduled to be held on 03.05.2022.

The appellant stands convicted vide judgment dated 26.10.2018 passed by the Special Judge (POCSO Act), Indore in SPL Case No. 40/2016 for committing offence punishable under Sections 376(2)(I)(N) and Section 506 Part 2 of the IPC and sentenced to undergo life imprisonment and RI for 1 year, respectively and Section 5(L)/6 of the Protection of Children from Sexual Offences Act and sentenced to undergo life imprisonment with fine and default stipulations.

Learned counsel for the appellant submits that father of the appellant is suffering from liver disease and therefore, he is unable to look after the preparation

of marriage ceremony and make necessary arrangements. The appellant is in jail for about 6 years. Therefore, it is prayed that he be released on temporary bail on account of marriage of his sister.

Learned Government Advocate for the State opposes the bail application, however, he submits that the factum of marriage has been verified.

In view of the aforesaid, without commenting 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. 4923/2022 is allowed and it is directed that upon furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court, the execution of custodial part of the sentence of appellant - Rahul @ Signature Not VerifiedDigitally signed by SAN SREEVIDYA Date: 2022.04.21 17:57:51 IST Surendra shall remain suspended for a period of one month from the date of his release. The appellant shall surrender before the jail authorities immediately after

completion of one month 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.

Certified copy as per rules.

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

                                             vidya




Signature Not Verified
              VerifiedDigitally
                       Digitally signed by
  SAN                  SREEVIDYA
                       Date: 2022.04.21
                       17:57:51 IST