Madhya Pradesh High Court
Virendra Singh vs The State Of Madhya Pradesh on 27 February, 2024
Author: Prakash Chandra Gupta
Bench: Prakash Chandra Gupta
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 13583 of 2023
(VIRENDRA SINGH Vs THE STATE OF MADHYA PRADESH)
Dated : 27-02-2024
Shri Apoorv Joshi, learned counsel for the appellant.
Shri Suhash Pundlik, Govt. Advocate for the respondent/State.
Heard on I.A. No.16384/2023, which is an application for dispensing
with filing of certified copy of the impugned judgment.
2. Learned counsel for the appellants submits that he has filed the
certified copy of the judgment.
3. In view of the above submission, I.A. No.16384/2023 is dismissed as
having been rendered infructuous.
4. Also heard on IA No.16768/2023, which is an application filed u/S 5
of the Limitation Act seeking condonation of delay. The appeal is barred by
137 days.
5. For the reasons stated in the application, IA No.16768/2023 is
allowed. Delay of 137 days in filing the appeal stands condoned.
6. Heard o n IA No.505/2024, which is first application for temporary
suspension of jail sentence under Section 389 of Criminal Procedure Code,
1973 filed on behalf of appellant No.1 - Virendra Singh, who has been
convicted by the 3rd Additional Sessions Judge, Ratlam, District - Ratlam in S.
T. No.243/2013.
7. Appellant stands convicted under Sections 306 of IPC and sentenced
him to undergo RI for 07 years with fine of Rs.1,000/- with default stipulations.
8. This application for temporary suspension of jail sentence has been
filed by the appellant on the ground of illness of his father.
9. Learned counsel for the appellant submits that the appellant's father -
Dinesh is suffering from Left Hemiplegia (Paralysis) with Depression and
currently undergoing treatment at District Hospital Ratlam. There is no male
member in the family to look after the ill father of the appellant and his father is
not able to do his daily work on his own. The application is duly supported by
medical documents, therefore, it is prayed that jail sentence of the appellant
No.1 - Virendra Singh may be suspended temporarily for a period of six
months and he may be released on bail.
10. Learned counsel for the respondent/State has verified the factum of
illness of applicant's father.
I have heard learned counsel for the parties and have perused the
record.
11. Considering the aforesaid, without expressing any opinion on the
merits, I.A. No.505/2024 is allowed. The custodial jail sentence of appellant
No.1 - Virendra Singh is temporarily suspended and it is directed that he be
released on temporary bail for a period of 45 days, and on his furnishing bail
bond in the sum of Rs.50,000/-(Rupees Fifty Thousand only) with one
solvent surety of like amount to the satisfaction of the Trial Court subject to
the condition that he shall surrender before Trial Court on expiry of 45 days
i.e. on 13.4.2024 positively for being committed to custody. I.A.
No.505/2024 stands disposed of.
12. Registry is directed to requisition the report of surrender from the
Trial Court after surrender of the appellant.
13. In view of aforesaid, IA No.504/2024, which is an application for
urgent hearing stands disposed of.
Certified copy as per rules.
(PRAKASH CHANDRA GUPTA)
JUDGE
VS
