Madhya Pradesh High Court
Raju @ Malkhan Singh vs The State Of Madhya Pradesh on 29 August, 2017
CRA-1295-2010
(RAJU @ MALKHAN SINGH Vs THE STATE OF MADHYA PRADESH)
29-08-2017
Shri S.C. Datt, Senior Advocate with Siddharth Datt, Advocate for
appellant Raju @ Malkhan Singh.
Shri S.K. Rai, Government Advocate for respondent/State.
Shri Ahadulla Usmani, Advocate for the objector. They are heard on I.A. No.16805/2017.
This is an application for temporary suspension of the custodial sentence awarded to appellant Raju @ Malkhan Singh on the ground that he lost his brother namely Khuman Singh in a road accident on 26.08.2017. Appellant stands convicted for offences punishable under Sections 302/149, 201 & 147 of the IPC and has been sentenced to undergo R.I. for life under Section 302/149 of the IPC.
Shri Datt, Senior Advocate has produced the order passed by the Additional District Magistrate, District-Hoshangabad to show that appellant performed the last rites under the police custody. It is also submitted that appellant has lost his parents way back and there is no other male member in the family except the appellant to perform the rituals after the death.
After having heard the rival submissions at length, in the opinion of this Court, application for temporary suspension of the custodial sentence awarded to the appellant deserves to be allowed and it is hereby allowed.
It is directed that the custodial sentence alone awarded to appellant Raju @ Malkhan Singh shall remain suspended for a period of 15 days from the date of his release from custody subject to his furnishing a personal bond in the sum of Rs.30,000/- (Rs. Thirty Thousand only) with one surety in the like amount to the satisfaction of trial Court.
It is made clear that the temporary bail granted to appellant shall remain in force for a period of 15 days from the date of his release from custody and the appellant shall surrender his bail bonds on th the 16 day from the date of his release, failing which the C.J.M., Hoshangabad will take appropriate action in accordance with law against the appellant to take him back in custody for undergoing the remaining part of the custodial sentence. Accordingly, I.A. No.16805/2017, stands allowed and closed. C.C. on payment of usual charges.
(S.K. SETH) (H.P. SINGH)
JUDGE JUDGE
@shish