Nanalal S vs State Of Madhya Pradesh

This is an application under Section 389(1) of Cr.P.C. for grant of temporary suspension of custodial sentence on account of marriage of son of applicant Nand Lal Rajbhar for a period of 30 days.

The applicant stands convicted for the offence under Sections 302 r/w 120-B, 411 r/w 120-B and 394 r/w 120B of IPC and has been sentenced to undergo R.I. life with fine of Rs.500/- and S.I. for 3 months, R.I. for 3 years with fine of Rs.500/- and S.I. for 3 months, R.I. for life with fine of Rs.500/-and S.I. for 3 months respectively with default stipulations.

It is submitted by learned counsel for the applicant that marriage of applicant's son is going to be solemnized on 24.05.2022 in Banaras.

The only objection of State is that the applicant belongs to Banaras, therefore, appropriate surety be taken, preferably in local surety.

Considering that the factum of marriage has been verified by the State and the ground taken by the applicant, we are of the opinion that a case for grant of temporary suspension of custodial sentence is made out, accordingly, sentence of applicant Nand Lal Rajbhar is temporarily suspended from today (i.e 23.05.2022) to 31.05.2022, subject to furnishing a personal bond of Rs.2,00,000/- (Rupees Two Lac Only) with two solvent sureties each in the like amount, out of which one should be local surety, to the satisfaction of the Trial Court for his surrender before the Trial Court on completion of the aforesaid period, failing which the Trial Court shall take appropriate action against the applicant and his surety under intimation of this Court.

Accordingly, I.A. No.7555/2022 stands disposed off.

Trial Court is directed to inform this Court immediately after applicant Nand Lal Rajbhar surrenders to custody.