Madhya Pradesh High Court
Ravishankar vs The State Of Madhya Pradesh on 17 May, 2021
Author: Prakash Shrivastava
Bench: Prakash Shrivastava
1 CRA-2728-2021
The High Court Of Madhya Pradesh
CRA-2728-2021
(RAVISHANKAR AND OTHERS Vs THE STATE OF MADHYA PRADESH) 5 Jabalpur, Dated : 17-05-2021 Heard through Video Conferencing.
Shri Anil Khare, learned senior counsel with Shri Pranjal Diwakar, Advocate for the appellants.
Shri Pradeep Singh, learned Government Advocate for the State. Heard on IA No.6403/2021 which is an application for temporary suspension of sentence of appellant Ravishankar.
The appellant has been convicted for the offence under Section 302 r/w 34 (two counts), 323 r/w 34 and 427 of the IPC and sentenced to undergo R.I. for life with fine of Rs.1,000/- for each count, R.I. for six months with fine of Rs.500/- and R.I. for six months with fine of Rs.500/-, respectively with default stipulation.
Submission of learned counsel for the appellant is that the wife of the appellant is pregnant and there is no male member in the family as all the brothers of the appellant have been implicated in the present case and they are in custody and the appellant is required to take care of his wife who has been hospitalized.
Learned Government Advocate for the State on instructions has informed that the wife of the appellant has already delivered a child on 11.5.2021. He has submitted that there are other members in the family to take care of the wife and the newly born child.
Having regard to the undisputed fact that the wife of the appellant has delivered a child very recently and the fact that she is in hospital and also considering the other circumstances which have pointed out by counsel for the appellant, we are of the opinion that a case for temporary suspension of sentence is made out.
Signature Not Verified SANAccordingly, IA No.6403/2021 is allowed and sentence of appellant Digitally signed by YOGESH KUMAR SHRIVASTAVA Date: 2021.05.19 10:57:00 IST 2 CRA-2728-2021 Ravishankar is suspended for a period of eight weeks from the date of his release from the custody on the condition of depositing personal bond of Rs.35,000/- (Rupees Thirty Five Thousand Only) with one surety in the like amount to the satisfaction of trial court for his surrender before the trial court on completion of period of eight weeks.
If the appellant fails to surrender after expiry of eight weeks then the trial court will take appropriate steps to take him in custody, under intimation to this Court.
Certified copy as per rules.
(PRAKASH SHRIVASTAVA) (SANJAY DWIVEDI)
V. JUDGE V. JUDGE
YS
Signature Not Verified
SAN
Digitally signed by YOGESH KUMAR
SHRIVASTAVA
Date: 2021.05.19 10:57:00 IST