Rakesh Jaga vs The State Of Madhya Pradesh
2024 Latest Caselaw 4799 MP

Madhya Pradesh High Court

Rakesh Jaga vs The State Of Madhya Pradesh on 19 February, 2024

Author: Rohit Arya

Bench: Rohit Arya

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                       CRA No. 2396 of 2024
                                              (RAKESH JAGA Vs THE STATE OF MADHYA PRADESH)

                          Dated : 19-02-2024
                                Shri Ankur Maheshwari - Advocate for the appellant.

                                Shri Rajesh       Shukla    - Additional Advocate General for the
                          respondent/State.

Heard on I.A. No. 3655 of 2024, second application under Section 389 Cr.P.C. filed on behalf of appellant - Rakesh Jaga seeking interim

suspension of sentence on the ground of said demise of his father.

Appellant stands convicted under Section 363 of IPC and sentenced to undergo 5 years' RI with fine of Rs.2000/-; Section 366 of IPC and sentenced to undergo 5 years' RI with fine of Rs. 2000/-; and Section 4(2) of POCSO Act and sentenced to undergo 20 years' RI with fine of Rs.20,000/- with default stipulations v i d e judgment of conviction and order of sentence dated 06.02.2024 passed by Special Judge, POCSO Act, Sabalgarh, District Morena in Special Case No.80/2020.

Learned counsel for the appellant submits that father of appellant died on

17.02.2024 and he has to perform post-death rituals of his father. Alongwith the application, a copy of death certificate has also been placed on record, hence, prayer is made for interim suspension of sentence and grant of bail to the appellant.

Taking into consideration the submission made by learned counsel for the appellant and the death certificate coupled with the facts and circumstances of the case, appellant- Rakesh Jaga is granted interim suspension of jail sentence to perform post-death rituals of his father. It is directed that the jail sentence of

appellant - Rakesh Jaga s h a ll remain suspended temporarily from 25.02.2024 t o 03.03.2024. Accordingly, he be released on temporary bail subject to his furnishing a personal bond in the sum of Rs.2,00,000/- (Rupees Two Lakhs only) with one solvent surety in the like amount to the satisfaction of the Trial Court/Concerned Court. He shall surrender on 04.03.2024 before the Court concerned under intimation to the Registry of this Court through his counsel.

Accordingly, I.A. No.3655 of 2024 stands allowed. Learned counsel for the State prays for and is granted two weeks' time to file reply to I.A.No.3512 of 2024.

List this case in the week commencing 11.03.2024 to verify the factum of surrender by the appellant.

CC as per rules.

                            (ROHIT ARYA)                                    (BINOD KUMAR DWIVEDI)
                               JUDGE                                                JUDGE

                          Aman