Bherulal vs State Of Madhya Pradesh

Sujoy Paul, J

Heard on I.A. No.6673/2021 which is second application under Section 389(1) of the Cr.P.C. for temporary suspension of jail sentence and grant of bail filed on behalf of appellant - Bherulal S/o Kachrulal Patidar.

Learned counsel for the appellant submits that marriage of appellant's son Ramesh and daughter Mamta scheduled on 29.04.2021 at Village - Jhawal, District - Mandsaur. The remaining jail sentence of the appellant may be temporarily suspended so that appellant may attend the said marriage.

The factum of marriage has been verified by the learned Government Advocate for the respondent / State.

The appellant is in custody because of his conviction vide judgment dated 23.11.2020 passed in Special Sessions Trial No.68/2007, whereby the appellant has been convicted for the offences punishable under Section 8/18(C) of the N.D.P.S. Act and sentenced to undergo 3 years' rigorous imprisonment along with fine of Rs.50,000/- and with default clause to further undergo 6 months' rigorous imprisonment.

As per newspaper reports, the Administration has cancelled permission of marriage in District - Indore till 30.04.2021. As per data available, number of COVID - 19 patients are at rise in almost every district of Madhya Pradesh. The health facilities are inadequate considering the number of patients. If appellant is released, he will have to travel all the way from jail to the venue of marriage and will be exposed during the entire period he will be out of prison. He will come back after much exposure and that will not safe for other inmates also. Thus, in this peculiar alarming situation, this Court is not inclined to allow this application for temporary suspension.

Accordingly, I.A. No.6673/2021 is rejected.

Certified copy, as per rules.