Santosh @ Baba vs The State Of Madhya Pradesh
2023 Latest Caselaw 1490 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT INDORE
                                                          CRA No. 924 of 2020
                                            (SANTOSH @ BABA Vs THE STATE OF MADHYA PRADESH)

                          Dated : 25-01-2023
                                Shri Rahul Sharma - Advocate for appellant.

                                Shri Hemant Sharma - Govt. Advocate for the respondent/State.

Heard on I.A. No.431/2023, which is second repeat application under Section 389(1) of the Cr.P.C. for temporary suspension of custodial sentence on behalf of the sole appellant Santosh @ Baba S/o Devnarayan Shukla.

The appellant stands convicted vide judgment dated 07/01/2020 passed by Special Judge, POCSO Act, Ujjain (M.P.) S.T.No.289/2018 for the offences punishable under Section 376(2)(I), 363, 366, 342 and 323 of the Indian Penal Code, 1860 and sentenced to undergo 10 years RI with fine of Rs.1,000/-, 07 years RI with fine of Rs.500/-, 07 years RI with fine of Rs.500/-, 01 year RI and 01 year RI respectively with default stipulation.

Appellant is seeking temporary suspension of sentence on account of marriage of his sister on 26/01/2023. His contention is that his father is an old man of 70 years of age and there is no one in the family except him to make

arrangements of marriage. Hence, he prays that he be enlarged on bail and be granted temporary suspension of sentence.

Considering all the facts and circumstances of the and also taking note of the fact that the marriage of the sister of the appellant is going to take place on 26/01/2023, therefore, I find it to be a fit case to suspend the custodial sentence of the appellant temporarily.

Accordingly, the application for temporary suspension of sentence (I.A. No.431/2023) is allowed and it is directed that subject to verification of Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 1/25/2023 3:51:20 PM

factum of marriage of the sister of the appellant by the concerned CJM and upon furnishing personal bond in the sum of Rs.75,000/- (Rupees Seventy Five 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 shall remain suspended for a period of 10 days from the date of his release.

The appellant shall surrender before the jail authorities immediately after expiry of 10 days period from the date of his release and if the appellant fails to surrender, then in that case the trial Court shall be free to take appropriate action against him for sending him back to jail.

Certified copy today itself.

(ANIL VERMA) JUDGE

Tej

Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 1/25/2023 3:51:20 PM