OMPRAKASH @ OM Vs. STATE OF M P

JUDGEMENT

(1.) Heard on IA No.5389/2014, second application under Section 389 (1) of the Code of Criminal Procedure, 1973 for suspension of sentence and grant of bail filed on behalf of appellant No.2 Suresh Yadav s/o Narayan Yadav. Also heard on IA No.6201/2014, an application under Section 389 (1) of the Code of Criminal Procedure, 1973 for temporary suspension of sentence and grant of bail filed on behalf of appellant No.3 Vinod s/o Om Prakash.

(2.) Having considered the submissions made by the learned counsel for the parties and having gone through earlier order passed by this Court on 18.02.2014 by which the applications of appellants No.2, 3 and 5 were rejected on merits by a Division Bench of this Court by observing thus: -

(3.) We are of the view that no case is made out for suspension of sentence and grant of bail to appellant No.2. As regards the application for temporary suspension of sentence filed on behalf of appellant No.3 Vinod is concerned, we are not inclined to allow this application on the ground that he wants to donate his kidney to his father (appellant No.1), whose jail sentence has been temporarily suspended for a period of four months. Appellant No.1 can very well get the kidney transplanted from the sources within the time, which has already been fixed by this Court and this Court is not inclined to grant temporary bail to appellant No.3 for the purpose of donating his kidney. Both the applications are, therefore, rejected.