Farukh vs State Of M.P.
2022 Latest Caselaw 2546 MP

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                                                                  CRA. No. 821/2009


 HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
  [DIVISION BENCH: HON'BLE MR. JUSTICE VIVEK RUSIA
AND HON'BLE MR. JUSTICE AMAR NATH (KESHARWANI)]

                             CRA. No. 821/2009
                    (Farukh S/o. Shamsher V/s. State of M.P.)
Date : 23.02.2022 :
      Smt. Sharmila Sharma, learned counsel for the appellant.
      Shri Kamal Kumar Tiwari, learned Govt. Advocate for the
respondent/State.

Heard on I.A. No.2312/2022, a repeat (5th) application u/s. 389 of the Cr.P.C. for temporary suspension of custodial sentence on account of marriage of his two daughters viz. Reshma Bi and Shahiba Bi which are scheduled to be held on 28.2.2022.

The appellant stands convicted vide judgment dated 3.7.2009 passed by Special Judge (SC ST Prevention of Atrocities Act), Dhar for the offences punishable u/s. 302 of the IPC and sentenced to undergo life imprisonment and to pay a fine of Rs.10,000/- with default stipulation.

Although the factum of marriage of daughters of the appellant has not been verified, but the appellant is in jail since 2008 and he has completed almost 14 years' jail sentence. Earlier also, he was released on temporary bail on account of marriage of his daughter and thereafter he has surrendered before the jail authorities and he has not misused the liberty.

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, the application (I.A. No.2312/2022) is allowed and it is directed that upon furnishing personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand) with one solvent surety in the like amount to the satisfaction of the trial Court, the execution of custodial part of the sentence shall remain suspended for a period of two months from the date of his release. The appellant shall surrender before the jail authorities immediately after expiry of two months from the date of his release and if the appellant

CRA. No. 821/2009

fails to surrender, then in that case the trial Court shall take action against him for sending him back to jail.

Before releasing the appellant from the custody, the Jail Authorities are directed to medically examine him in order to rule out the possibility of COVID-19 infection and shall comply with the direction given by the Apex Court in Writ Petition No.01/2020.

List the appeal for final hearing in due course.

         [ VIVEK RUSIA ]                   [AMAR NATH (KESHARWANI)]
             JUDGE.                                 JUDGE.
Alok/-


 Digitally signed by ALOK GARGAV
 Date: 2022.02.24 13:20:32 +05'30'