Santosh vs State Of M.P

S. K. Awasthi, J

Heard on I.A. No.7444/2020, application under Section 389 (1) of the Code of Criminal Procedure for temporary suspension of custodial sentence and

grant of bail to sole Appellant -Santosh.

The appellant -Santosh has been convicted for the offence punishable under Sections 377 and 506(A) of Indian Penal Code and 10 years of R.I. and 3

months R.I. with fine of Rs.25,000/- and Rs.1,000/- respectively with default stipulation vide judgment dated 28.02.2019 passed by Special Judge,

SC/ST (Prevention of Atrocities Act), District Dewas in Special Case No.70/2015.

Learned counsel for the appellant has submitted that the appellant is in jail since 28.02.2019 and the marriage of appellant's daughter Varsha Sen is

going to be held on 25.11.2020 and being a father, his presence is required for performing necessary rituals, therefore, learned counsel for the

appellant prays for temporary suspension of custodial sentence of the appellant for a period of 30 days.

The factum of marriage of daughter of the appellant has duly been verified by the learned counsel for the respondent/State.

Looking to the aforesaid reasons, I.A. No.7444/2020 is allowed and the sentence of the appellant is temporarily suspended for a period of 10 days and

it is directed that the appellant shall be released for the aforesaid period from the date of his release, subject to his furnishing a personal bond in the

sum of Rs.1,00,000/-(Rupees One lakh only) and two sureties of Rs.50,000/- each to the satisfaction of trial Court, and an undertaking that he will

surrender immediately after expiry of the aforesaid period from the date of his release thereafter he be sent to the custody for suffering his remaining

jail sentence.

Certified copy as per rules.