DEVEN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on I.A. No.5140/2024, which is sixth application under Sec. 389 (1) of Cr.P.C. for temporary suspension of jail sentence of appellant Deven @ Devendra Singh S/o Gajraj Singh on the ground of marriage of his nephew which is to take place on 10/04/2024. Counsel for the appellant has submitted that the nephew of the appellant was residing with him only after the death of his mother. The invitation card of the marriage is also filed on record. Counsel has also submitted that the appellant was on bail during the course of trial and has not misused the liberty extended to him. It is submitted that the appellant is lodged in jail since 19/09/2018 and the presence of the appellant would be necessary. Counsel for the respondent/State, on the other hand has opposed the prayer.

(2.) On due consideration of submissions, perusal of the record as also the documents filed on record, this Court finds force with the contentions raised by counsel for the appellant. Accordingly, prayer for grant of temporary suspension of jail sentence of appellant is allowed on the aforesaid ground and it is directed that the jail sentence of the appellant be temporarily suspended for a period of 15 days only from the date of his release, subject to his furnishing a personal bond of Rs.25,000.00 (Rupees Twenty Five Thousand) with one solvent surety in the like amount to the satisfaction of the trial Court. The appellant shall surrender before the Trial Court immediately on or before the expiry of aforesaid period, failing which, the Police Authority is at liberty to arrest the appellant without further reference to this Court with a condition that he shall abide by the conditions enumerated under Sec. 437 (3) of Cr.P.C. Accordingly, I.A. No.5140/2024 stands allowed. C. c. as per rules.