Munshikha And Others vs State Of Madhya Pradesh

Prem Narayan Singh, J

Heard on I.A. No. 6377/2024, an application filed under Section 482 read with Section 389 of Cr.P.C. for temporary suspension.

Learned counsel for the appellant has submitted that another application for temporary suspension has been filed, hence, this application has become infructous.

With the aforesaid, I.A. No. 6377/2024 stands dismissed having been rendered infructous.

Also heard on IA No.7094/2024, which is fourth temporary suspension application under Section 389 of Code of Criminal Procedure 1973, filed on behalf of appellant -1 Munshi Kha.

Appellant has been convicted under Section 304 Part-II/34, 323/34 and 452 of IPC and sentenced to undergo for 10 years R.I., 03 months R.I. & 05 years R.I. with fine of Rs.25,000/-, Rs.1,000/- and Rs.5,000/- and default stipulations.

Learned counsel for the appellant has submitted that the marriage of son namely Raees Kha @ Sonu will be solemnized with Farzana Bee on 11.05.2024 and the functions of marriage will be started from 07.05.2024 and being a father, the presence of appellant No. 1 Munshi Kha is required in the marriage. It is further submitted that earlier second temporary suspension application was allowed vide order dated 08.12.2023 and third temporary suspension application was allowed vide order dated 06.03.2024 and the appellant has surrendered before the Court immediately after completing the period given under temporary suspension. In the family of appellant, his wife, three sons and three daughters are there. Two sons namely Raja @ Sultan and Shahrukh are already detained in judicial custody and three daughters are already married and residing with their husband. There is no male member remains in the family to attend the guests and for necessary arrangement in marriage ceremony. A wedding card has also been enclosed. There is no likelihood of early hearing of this appeal in near future. Hence, counsel for the appellant prays for temporary suspension of jail sentence for a period of 30 days.

Per contra, learned counsel for the respondent/State has opposed the prayer, however, he has verified the factum of the marriage.

On due consideration of the aforesaid facts and looking to the marriage of the appellant's son but without expressing anything on the merits of the case, prayer for temporary suspension of jail sentence of appellant No. -1 is allowed.

It is directed that substantive jail sentence of appellant No.1 - Munshikha S/o Mamukha shall be temporarily suspended for a period of 20 days (Twenty Days) from the date of his release, subject to his depositing the fine amount (if not already deposited) and on furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand) with one solvent surety of like amount to the satisfaction of trial Court. The appellant No.1 shall surrender immediately before the trial Court after expiration of twenty days.

Accodingly, application IA No.7094/2024 stands disposed of.

List in due course for final hearing.