Bhupendra vs The State Of Madhya Pradesh
2023 Latest Caselaw 9532 MP

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                      CRA No. 7125 of 2022
                                    (BHUPENDRA AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 23-06-2023
                                 Ms. Nupur Garg, learned counsel for the appellant.

                                 Shri Sudhandhu Vyas, learned P.L. for the respondent/State.

Heard on I.A. No.6464/2023 which repeat s e c o nd application for temporary suspension of jail sentence and grant of bail filed under section 389(1) of the Cr.P.C. for a period of two months on behalf of appellant

no.1-Bhupendra on medical ground of his wife.

2 . The trial Court has convicted the appellant under Section 302 (two counts) read with section 34 of the I.P.C. and sentenced to undergo Life Imprisonment with fine of Rs.2,000/-(for each), with default stipulation, vide judgment of conviction and order of sentence dated 29.07.2022 passed by Presiding Officer, SC/ST Act, Ratlam in S.C.No.39/2012.

3 . Learned counsel for the appellant submits that appellant's wife is undergoing heavy abnormal uterus bleeding because of which she is advised by the doctor for surgery, therefore, the jail sentence may be suspended and the

appellant may be released on temporary bail for a period of two months.

4. Learned Govt. Advocate for the respondent/State has duly verified the aforesaid factum.

5. 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.

6 . Accordingly, I.A. No.6464/2023 is allowed and it is directed that upon furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Signature Not Verified Signed by: AJIT KAMALASANAN Signing time: 23-06-2023 17:26:48

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 no.1-Bhupendra 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 completion of two months 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.

                                  (S. A. DHARMADHIKARI)                       (PRAKASH CHANDRA GUPTA)
                                           JUDGE                                       JUDGE

                           ajit




Signature Not Verified
Signed by: AJIT
KAMALASANAN
Signing time: 23-06-2023
17:26:48