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2023 DIGILAW 400 (MP)

Jitendra Bhilala v. State of Madhya Pradesh

2023-03-21

PRAKASH CHANDRA GUPTA, SUSHRUT ARVIND DHARMADHIKARI

body2023
JUDGMENT 1. Heard on IA No.13426/2022, which is an application filed under Section 5 of the Limitation Act for condonation of delay. The appeal is barred by 60 days. 2. For the reasons stated in the application, IA No.13426/2022 is allowed. 3. Delay in filing the appeal stands condoned. 4. In view of aforesaid, IA No.13427/2022 stands disposed of. 5. Also heard on I.A.No.4114/2023, which is first application Section 389 of Cr.P.C., moved on behalf of the appellant - Jitendra Bhilala for temporary suspension of jail sentence and grant of bail on the ground of death of his father. 6. Learned Trial Court has convicted the appellant under Sections 450 and 305 of IPC alongwith Section 6 of the Protection of Children from Sexual Offences Act and sentenced him to undergo RI for 02 years with fine of Rs.2,000/-, RI for 10 years with fine of Rs.3,000/- and RI for 20 years with fine of Rs.10,000/- respectively with default stipulations vide judgement of conviction and order of sentence dated 01.04.2022 passed by the Additional Judge & Special Judge, POCSO Act from the Court of Additional Sessions Judge, Bhikangaon, District Mandleshwar, West Nimar in S. C. No.19/2020. 7. Learned counsel for the appellant submits that appellant is in custody since 21.01.2020. Father of the appellant namely, Late Shri Somla Bhilala has expired on 10.03.2023. Appellant is the only son of the deceased and there is no other son to perform the last rites function, which is going to be held on 22.03.2023 therefore, it is prayed that the jail sentence of the appellant may be suspended temporarily and he be released on bail. 8. Learned Government Advocate for the respondent/State has objected the prayer of the appellant and prays for its rejection. 9. We have heard learned counsel for the parties and perused the record. The appellant has filed death certificate of his father. The aforesaid application for temporary suspension of jail sentence is also supported by an affidavit filed by brother-in-law of the appellant namely, Dilip Singh therefore, it appears that father of the appellant has died on 10.03.2023. 10. Considering the aforesaid, without expressing any opinion on the merits, I.A. No.4114/2023 is allowed. The appellant has filed death certificate of his father. The aforesaid application for temporary suspension of jail sentence is also supported by an affidavit filed by brother-in-law of the appellant namely, Dilip Singh therefore, it appears that father of the appellant has died on 10.03.2023. 10. Considering the aforesaid, without expressing any opinion on the merits, I.A. No.4114/2023 is allowed. The custodial sentence of the appellant - Jitendra Bhilala is temporarily suspended and it is directed that he be released o n temporary bail for period of 15 days (fifteen days) from the date of his release, and on his furnishing bail bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of like amount to the satisfaction of the Trial Court subject to the condition that he shall surrender immediately on expiry of fifteen days from the date of release before Trial Court for being committed to custody. 11. Registry is directed to requisition the report of surrender from the Trial Court on or before the next date of hearing. 12. Certified copy as per rules.