Thakur Singh vs Union Of India
2023 Latest Caselaw 14912 MP

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                               HIGH COURT OF MADHYA PRADESH AT INDORE
                                     CRIMINAL APPEAL NO.1286 OF 2022
                                            (Thakur Singh vs The Union of India)


                         Indore, Dated 11.09.2023
                                Mr. Vivek Singh, counsel for the appellant.
                                Mr. Manoj Kumar Soni, counsel for the respondent - Union

of India.

Heard on IA No.13934 of 2023 which is first temporary suspension of sentence application under Section 389 of Criminal Procedure Code, 1973, filed on behalf of appellant - Thakur Singh S/o Shri Bapu Singh who has been convicted by learned Special Judge, NDPS Act, 1985, Indore (MP) in Specical Session Trial No.700017 of 2013 vide judgment dated 11.01.2022 and has been sentenced him as under:

                                       Conviction                           Sentence
                                Section &     Imprisonment        Fine         Imprisonment in
                                   Act                           Amount          lieu of fine
                                 8/22 (C)      15 years RI   Rs.1,50,000/        02 years RI
                                NDPS Act,                          -
                                  1985.


                         (2)    This application for temporary suspension of sentence has

been filed on the ground of serious illness of appellant's mother. (3) Counsel for the appellant submits that appellant's mother is a bed ridden patient and is severely ill and there is no male

Signature Not Verified Signed by: ARUN NAIR Signing time: 12-09-

2023 10:40:30

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL APPEAL NO.1286 OF 2022 (Thakur Singh vs The Union of India)

member in the family to look after her. The medical papers in this regard has also been submitted which proves the factum of serious illness of appellant's mother. Hence prays for temporary suspension of sentence to the appellant for a period of one month on the humanitarian ground.

(4) Per contra, counsel for the respondent - Union of India has verified the factum of illness of appellant's mother. (5) Having considered the aforesaid facts and after hearing counsel for the parties, it was found that the appellant's mother is seriously ill as per the medical documents submitted by the appellant and on the humanitarian ground, this Court finds it expedient to allow the present temporary suspension application for a period of one month. Accordingly, application IA No.13934 of 2023 is allowed.

(6) It is directed that substantive jail sentence of appellant - Thakur Singh S/o Shri Bapu Singh shall be temporarily suspended for a period of one month (30 days) from the date of his 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

Signature Not Verified Signed by: ARUN NAIR Signing time: 12-09-

2023 10:40:30

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL APPEAL NO.1286 OF 2022 (Thakur Singh vs The Union of India)

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.13934 of 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: 12-09-
2023 10:40:30