Pappu vs The State Of Madhya Pradesh
2023 Latest Caselaw 7906 MP

                                                             1
                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                     CRA No. 2075 of 2021
                                                (PAPPU Vs THE STATE OF MADHYA PRADESH)

                         Dated : 12-05-2023
                               Shri Vikaram Singh Bule, learned counsel for the appellant.

                               Ms. Vinita Dwivedi, learned Panel Lawyer for the respondent/State.

Heard on I.A. No.6719/2023, which is repeat (fourth) application under Section 389 (1) of Cr.P.C. for temporary suspension of jail sentence of appellant on the ground of marriage of his younger brother.

Appellant has been convicted vide judgment dated 15.03.2021, passed by Additional Sessions Judge, Jhabua, District Jhabua in S.T. No.127/2015, for offence under Sections 450, 376(1) and 323 of IPC and sentenced to undergo 10 years RI, 10 years RI and 6 months RI with fine of Rs.3,000/-; Rs.3,000/-; Rs.500/- respectively with default stipulations.

Counsel for the appellant is lodged in jail since last two years & two months and final disposal of this appeal is likely to take sufficient long time. The marriage of the appellant's younger brother is scheduled to be held on 14.05.2023 and appellant's presence is necessary to make arrangements for the

aforesaid marriage. Hence counsel prayed that the sentence of the appellant be suspended temporarily for a period of two weeks'.

Counsel for the State has opposed the prayer, however, it is submitted that the marriage invitation card has been verified to be correct.

Heard counsel counsel for the parties and perused the record. O n due consideration of submissions and on perusal of the record as als o the documents filed with the application, considering the fact that the appellant is in jail since more than 2 years and 2 months, IA No.6719/2023 is Signature Not Verified Signed by: SUMATHI Signing time:

5/13/2023 11:28:50 AM

allowed It is directed that the jail sentence of the appellant-Pappu be temporarily suspended for a period of two weeks from the date of his release, subject to his furnishing a personal bond of Rs.25,000/- (Rupees Twenty Five Thousand) with one solvent surety in the like amount to the satisfaction of the trial Court. That appellant shall surrender before the Trial Court immediately on or before the expiry of two weeks, failing which, the Police Authority will be at liberty to arrest the appellant without further reference to this Court with a condition that she shall abide by the conditions enumerated under Section 437 (3) of Cr.P.C.

I.A. No.6719/2023 stands disposed of, with the aforesaid. C. c. as per rules.

(SUBODH ABHYANKAR) JUDGE

sumathi

Signature Not Verified Signed by: SUMATHI Signing time:

5/13/2023 11:28:50 AM