Vinod vs State Of M.P.

I.A.No. 13898/2020, is an application under Section 389(1) of Cr.P.C. moved on behalf of appellant for temporary suspension of jail sentence on the ground of his marriage.

By the impugned judgment of sentence and order of conviction, appellant has been convicted for offence under Sections 363, 366, 366-A, 376(2)(i) and 376(2)(n) of IPC and sentenced to suffer various terms of sentences maximum of which is ten years RI, with fine and default stipulations.

It is the submission of learned counsel for the appellant that appellant is going to be married soon in the month of October, 2020. His engagement ceremony is on 25/9/2020 and marriage shall be solemnized on 20/10/2020. Therefore, he seeks one months temporary suspension of his jail sentence to enter into wedlock and share nuptial bliss. He referred different documents attached with the application in support of his submissions.

Learned counsel for the State verified the facts and on the basis of statement of mother of appellant namely Bhagwati Bai submits that information provided by the appellant is correct and soon he is going to be marriaed.

Considering the submission of parties and due verification being made, this Court intends to enlarge the appellant on temporary suspension of sentence for 35 days from the date of his release. Therefore, it is directed that appellant be released on temporary bail for a period of 35 days from the date of his release on his furnishing a personal bond of Rs. 50,000/-(Rupees Fifty Thousands only) with one solvent surety of the like amount to the satisfaction of Trial Court. Appellant would have to surrender before the trial Court immediately on completion of period of temporary bail i.e. on or before 31st October, 2020.

This order will remain operative subject to compliance of the following conditions by the appellants :-

1.The appellant will comply with all the terms and conditions of the bond executed by him;

The appellant will confine his activities to the extent of marriage ceremony only and shall not involved in any criminal activity prejudicial to the interest of complainant party.

The appellant shall mark his appearance before the concerned police station on 12th October, 2020 to refer his whereabouts.

I.A.No. 13898/2020 stands allowed to the extent indicated hereinabove.

E- copy of this order be sent to the trial Court concerned for compliance, if possible for the office of this Court.

Certified copy/ e-copy as per rules/directions.