Madhya Pradesh High Court
Manoj vs The State Of Madhya Pradesh on 19 September, 2023
Author: Sushrut Arvind Dharmadhikari
1
HIGH COURT OF MADHYA PRADESH AT INDORE
CRIMINAL APPEAL NO.3491 OF 2023
(Manoj Jat vs The State of Madhya Pradesh)
Indore, Dated 19.09.2023
Mr. Omprakash Solanki, counsel for the appellant.
Mr. Kamal Kumar Tiwari, counsel for the respondent-State
of Madhya Pradesh.
Heard on IA No.13792 of 2023 which is first application for
temporary suspension of sentence under Section 389 of Criminal
Procedure Code, 1973 filed on behalf of appellant - Manoj Jat
S/o Shri Amarsingh Ji who has been convicted by learned Fifth
Additional Sessions Judge, Dr. Ambedkar Nagar, District - Indore
(MP) in Session Trial No.48/2019 vide judgment dated 08.02.2023
and has been sentenced him as under:
Conviction Sentence
Section & Imprisonment Fine Imprisonment in
Act Amount lieu of fine
302 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 old aged
father.
(3) Counsel for the appellant submits that appellant's father is
Signature Not Verified
Signed by: ARUN NAIR
Signing time: 19-09-
2023 16:22:13
HIGH COURT OF MADHYA PRADESH AT INDORE
CRIMINAL APPEAL NO.3491 OF 2023
(Manoj Jat vs The State of Madhya Pradesh)
septuagenarian and is a heart patient and is admitted in Special
Jupiter Hospital, Indore and the doctor has advised for operation
of heart and that there is no male member 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 appellant's
father. Hence prays for temporary suspension of sentence for a
period of two months to the appellant.
(4) Per contra, counsel for the respondent - State of Madhya
Pradesh has opposed the prayer.
(5) Having considered the aforesaid facts and after hearing
counsel for both the parties, it was found that appellant's father is
seriously ill and the Doctor has advised for the operation of heart.
Hence we are of the considered opinion that this is a fit case to
allow the present temporary suspension application for a period of
fifteen days (15 days) looking to the serious illness of father of
appellant. Accordingly, application IA No.13792 of 2023 is
allowed.
(6) It is directed that substantive jail sentence of appellant -
Manoj Jat S/o Shri Amarsingh Ji shall be temporarily
suspended for a period of Fifteen Days (15 days) from the date of
Signature Not Verified
Signed by: ARUN NAIR
Signing time: 19-09-
2023 16:22:13
HIGH COURT OF MADHYA PRADESH AT INDORE
CRIMINAL APPEAL NO.3491 OF 2023
(Manoj Jat vs The State of Madhya Pradesh)
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
undertaking that he shall surrender immediately before the
concerned trial Court and shall also furnish the relevant medical
papers as regards heart surgery of his father, after completion of
the aforesaid period from the date of his release. Accordingly,
application IA No.13792 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: 19-09-
2023 16:22:13
