Santosh @ Mukesh vs The State Of Madhya Pradesh
2023 Latest Caselaw 19480 MP

Madhya Pradesh High Court

Santosh @ Mukesh vs The State Of Madhya Pradesh on 22 November, 2023

Author: Vivek Rusia

Bench: Vivek Rusia

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                        CRA No. 5119 of 2018
                                      (SANTOSH @ MUKESH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 22-11-2023
                                 Shri Abhishek Rathore - Advocate for appellant.

                                 Shri Amit Rawal - Govt. Advocate for the respondent/State.

Heard on I.A.No.15370/2023, which is second application under Section 389(1) of Cr.P.C. for grant of temporary suspension of jail sentence on behalf of the appellant Santosh @ Mukesh.

Appellant stands convicted vide judgment dated 09/06/2018 passed in S.T.No.242/2016 by Special Judge, SC/ST Act, Indore (M.P.) under Sections 302/34 and 342 of Indian Penal Code, 1860 and has been sentenced to undergo Life Imprisonment with fine of Rs.500/- and 06 months RI with fine of Rs.500/- respectively with usual default stipulation.

Learned counsel for the appellant submits that this application for temporary suspension of sentence is filed on the ground of illness of mother of the appellant, who has suffered Paralysis. His contention is that there is no one in the family to take care of her mother as his father is no more and real brothers

are also in custody. He further submits that appellant is languishing in jail for for last more than eight years. Earlier also temporary suspension was granted to the appellant for treatment of her mother. Hence, he prays that application be allowed.

Learned counsel for the respondent / State submits that the factum of illness of mother of the appellant has been verified.

Considering all the facts and circumstances of the case, I find it to be a fit case to suspend the custodial sentence of the appellant temporarily.

Accordingly, application for temporary suspension of sentence (I.A.No.15370/2023) is allowed and it is directed that upon furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty 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 temporarily for a period of one month from the date of his release.

The appellant shall surrender before the trial Court immediately after expiry of period of one month from the date of his release and if the appellant fails to surrender, the trial Court shall be free to take appropriate action against him for sending him back to jail.

I.A.No.15369/2023, which is an application for urgent hearing, also stands disposed off.

Certified copy as per rules.

                                 (VIVEK RUSIA)                                              (ANIL VERMA)
                                     JUDGE                                                     JUDGE

                           Tej