Ganesh Prasad vs State Of Madhya Pradesh

Prem Narayan Singh, J

Heard on I.A. No. 6733/2024, an application filed under Section 397 of Cr.P.C. for suspension of sentence and grant of bail on behalf of petitioner.

Learned counsel for the petitioner has submitted that he has already filed a regular application for suspension of sentence in this case on 24.04.2024, but since the record is not available, suspension of sentence of the petitioner, cannot be granted. It is further submitted that the petitioner was sent to jail by the IVth Additional Sessions Judge, Dr. Ambedkar Nagar, District Indore but on 24.04.2024, the sole son of the petitioner is expired, hence, he has requested for temporary suspension of sentence of the petitioner on the ground death of his son for a period of 15 days.

Counsel for the State has submitted opposed the prayer made by the counsel for petitioner.

Considering the argument advanced by the counsel for the petitioner and in view of the facts and circumstances and factual matrix of the case, prayer for temporary suspension is allowed.

The sentence of the applicant- Ganesh Prasad is temporarily suspended for a period of 15 days from the date of his release, subject to his furnishing a personal bond in the sum o f Rs.50,000/-(Rupees Fifty thousand) with one solvent surety to the satisfaction of trial Court, and an undertaking that he will

surrender himself on or before the expiry of the aforesaid period for serving the remaining jail sentence. In case of non-surrender, the learned trial Court shall be free to proceed in accordance with law.

A copy of this order be sent to the learned Court below concerned for information and compliance.

Accordingly, I.A. No. 6733/2024 stands disposed of.

Meanwhile, record of the Courts below be called for.