Tushar Khatri vs The State Of Madhya Pradesh
2024 Latest Caselaw 21120 MP

Madhya Pradesh High Court

Tushar Khatri vs The State Of Madhya Pradesh on 5 August, 2024

Author: Sushrut Arvind Dharmadhikari

Bench: Sushrut Arvind Dharmadhikari

                                                                  1                                  CRA-301-2023
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                            CRA No. 301 of 2023
                                       (TUSHAR KHATRI AND OTHERS Vs THE STATE OF MADHYA PRADESH )



                         Dated : 05-08-2024
                               Ms. Nupur Garg, counsel for the appellants.
                               Shri K.K.Tiwari, Government Advocate for the respondent/State.

Heard on I.A.No.11038/2024, which is first application for temporary suspension of sentence and grant of bail filed on behalf of the appellant No.1

- Tushar Khatri on the ground of ailment of his mother.

2. Appellant No.1 stands convicted vide judgment dated 14.11.2022 passed by the Additional Session Judge, District Ujjain in S.T.No. 251/2018 and sentenced as under :

Section 148 IPC - 1 years RI with fine of Rs. 1000/- Section 302/149 IPC - Life imprisonment with fine of Rs. 5000/- Section 307/149 IPC - 6 years RI with fine of Rs. 3000/- (with default stipulations)

3. Learned counsel for the appellants contended that the mother of appellant No.1 is suffering from various ailments namely systemic HTC,

COPD, OSMF, Cystitis, Fatty liver disease, Gall bladder stone and cervical lymphadenopathy which needs to be operated immediately. Application is duly supported by affidavit and medical documents.

4. Learned Government Advocate appearing for the respondent/State on the other hand has opposed the prayer and contended that the factum of illness has been verified. However, as per report dated 05.08.2024, it is

2 CRA-301-2023 clearly stated that father of present appellant is very much present at home to take care of the mother. Hence, there is no such urgency for the appellant to be released on temporary suspension and the application deserves to be dismissed.

5. Heard learned counsel for the parties. Perused the report dated 05.08.2024.

6. Considering the overall facts and circumstances, particularly the fact that father of the appellant is there to take care of his mother, we are of the considered opinion that there is no such requirement to enlarge the appellant No.1-Tushar on temporary bail.

7. Accordingly, I.A.No. 11038/2024 stands rejected.

                         (SUSHRUT ARVIND DHARMADHIKARI)                   (DUPPALA VENKATA RAMANA)
                                   JUDGE                                            JUDGE


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