Citation : 2023 Latest Caselaw 18304 MP
Judgement Date : 1 November, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 13041 of 2023
(NARENDRA Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 01-11-2023
Shri Dr. Khuzema Kapadia, learned counsel for the appellant.
Shri G.S. Chouhan, Dy. Govt. Advocate for respondent/State.
Heard on I.A.No.16007/2023, an application for temporary suspension of jail sentence of the appellant on the occasion of marriage in the house of the appellant. The appellant has been convicted by the Special Judge SC/ST
(Prevention of Atrocities) Act, Indore vide impugned judgment dated 5/10/2023 for commission of offence punishable under Section 302 of IPC and sentenced to undergo life imprisonment with fine of Rs.5000/-. In default of payment of fine 6 months additional R.I.
Learned counsel for the appellant submits that there is no elder member in the house of the appellant to take care of the so occasion called marriage. The father of the appellant is also suffering from slip disc which has been verified vide Annexure P/2, hence it is submitted that the jail sentence of the appellant be suspended temporarily for a period of ten days.
Learned Dy. G.A. for respondent/State opposed the prayer and prays for its rejection.
Taking into consideration the fact that there is no elder member in the family of the appellant to take care of the so occasion called marriage and considering the fact that the father of the appellant is also suffering from slip dis c, I.A.No.16007/2023, an application for temporary suspension of jail Signature Not Verified
sentence of the appellant is allowed and it is directed that upon appellant's Signed by: SHAILESH MAHADEV SUKHDEVE Signing time: 11/1/2023 5:36:17 PM depositing the fine amount and on furnishing a personal bond to the tune of
Rs.50,000/- with one solvent surety in the like amount to the satisfaction of the trial Court, the jail sentence of the appellant (Narendra S/o. Gopal Soni) shall remain suspended temporarily for a period of ten days w.e.f. 20/11/2023 to 30/11/2023 (ten days). After the expiry of the aforesaid period of ten days, the appellant shall surrender himself before the concerned trial Court for completion of his jail sentence.
In case appellant does not surrender, then the respondent shall be at liberty to arrest the appellant in accordance with law.
Let a copy of this order be sent to the concerned trial Court for its compliance.
C.c. as per rules.
(S. A. DHARMADHIKARI) (PRANAY VERMA)
JUDGE JUDGE
SS/-
Signature Not Verified
Signed by: SHAILESH
MAHADEV SUKHDEVE
Signing time: 11/1/2023
5:36:17 PM
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