Raj Shri @ Raju vs The State Of Madhya Pradesh
2023 Latest Caselaw 14772 MP

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                               HIGH COURT OF MADHYA PRADESH AT INDORE
                                       CRIMINAL APPEAL NO.579 OF 2015
                                    (Raj Shri @ Raju vs The State of Madhya Pradesh)


                         Indore, Dated 08.09.2023
                                Mrs. Sharmila Sharma, counsel for the appellant.
                                Mr. Kamal Tiwari, counsel for the respondent-State of

Madhya Pradesh.

Heard on IA No.12053/2023 which is seventh temporary application filed under Section 389 of Criminal Procedure Code, 1973, on behalf of appellant - Raj Shri @ Raju S/o Shri Hiralal who has been convicted by learned Seventh Additional Sessions Judge of Special Judge (Electricity Act), Kramank-7, Indore (MP) in Session Trial No.484/2013 vide judgment dated 15.04.2015 and has been sentenced him as under:

                                       Conviction                           Sentence
                                Section &    Imprisonment        Fine          Imprisonment in
                                   Act                          Amount           lieu of fine
                                 302 IPC          Life          Rs.5000/-       06 months RI
                                             Imprisonment
                                203/34 IPC    02 years RI       Rs.1000/-       02 months RI
                                120-B IPC         Life          Rs.1000/-       06 months RI
                                             Imprisonment


                         (2)    This application for temporary suspension of sentence has

been filed on the ground of serious illness of appellant's child.

Signature Not Verified Signed by: ARUN NAIR Signing time: 09-09-

2023 17:33:39

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL APPEAL NO.579 OF 2015 (Raj Shri @ Raju vs The State of Madhya Pradesh)

(3) Counsel for the appellant submits that appellant's child is severely ill and the doctor has advised for operation of the child and there is no one in the family to look after him. The medical papers in this regard has also been submitted which proves the factum of serious illness of he child. Hence prays for temporary suspension of sentence for a period of three months to the appellant.

(4) Per contra, counsel for the respondent - State of Madhya Pradesh has submitted that the factum of illness of appellant's child has been verified.

(5) Having considered the aforesaid facts and after hearing counsel for the parties, it was found that appellant's child is seriously ill and the Doctor had advised for the operation and teh said factum has been verified by the State. Hence, this Court finds it expedient to allow the present temporary suspension application for a period of two months looking to the serious illness of child of appellant. Accordingly, application IA No.12053/2023 is allowed. (6) It is directed that substantive jail sentence of appellant - Raj Shri @ Raju S/o Shri Hiralal shall be temporarily suspended for a period of two months only (60 days) from the date of his

Signature Not Verified Signed by: ARUN NAIR Signing time: 09-09-

2023 17:33:39

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL APPEAL NO.579 OF 2015 (Raj Shri @ Raju vs The State of Madhya Pradesh)

release upon furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety of like amount to the satisfaction of concerned trial Court with an undertaking that he/she shall surrender immediately before the concerned trial Court after completion of the aforesaid period from the date of his/her release. Accordingly, application IA No.12053/2023 stands disposed of.

                                  (7)     Certified copy, as per Rules.




                                        (S.A. DHARMADHIKARI)                             (HIRDESH)
                                              JUDGE                                       JUDGE

                         Arun/-




Signature Not Verified
Signed by: ARUN NAIR
Signing time: 09-09-
2023 17:33:39