Suresh Khangar vs The State Of Madhya Pradesh
2023 Latest Caselaw 3823 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 4818 of 2022 (SURESH KHANGAR Vs THE STATE OF MADHYA PRADESH)

Dated : 03-03-2023 Shri Y.K. Gupta - Advocate for the appellant.

Ms. Seema Jaiswal - Panel Lawyer for the State. Shri P.N. Verma - Advocate for the objector.

Heard on I.A.No.3740/2023, which is application filed on behalf of the appellant for temporary suspension of sentence and grant of temporary bail.

The appellant has been convicted by the trial Court under Section 376(2) (jha)(dha) of IPC and sentenced to R.I. for 10 years with fine of Rs.1000/- with default stipulations.

From the statement of the prosecutrix, it appears that she was blessed with a baby girl before passing of the impugned judgment, who belongs to the appellant. Thereafter, again she has again delivered a child, who belongs to the appellant. Birth certificate of child is also attached with this application.

The prosecutrix is present in person in the Court. She has stated that she is residing with the family members of the appellant as wife of the appellant and

she has no objection if the jail sentence of the appellant is temporarily suspended.

Looking to aforesaid circumstances, I find it to be a fit case to suspend the custodial sentence of the appellant and to release him on temporary bail, therefore, without commenting on the merit of the case, the application is allowed.

Signature Not Verified SAN

I t is directed that subject to depositing the fine amount, if not already Digitally signed by PRADYUMNA BARVE Date: 2023.03.04 12:10:55 IST

deposited and on furnishing a personal bond in a sum of Rs.30,000/- (Rupees

Thirty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of appellant Suresh Khangar shall remain suspended and he shall be released on temporary bail with direction to surrender before the trial Court on or before 5.6.2023.

If appellant fails to surrender before the trial Court on or before the aforesaid date, the trial Court would be at liberty to take steps to take the appellant into custody List for final hearing in due course.

Certified copy today.

(SMT. ANJULI PALO) JUDGE

PB

Signature Not Verified SAN

Digitally signed by PRADYUMNA BARVE Date: 2023.03.04 12:10:55 IST