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Judgment
Heard on I.A. No. 4354 of 2023, seventh repeat application filed on behalf of appellant - Ashish alias Aashu under Section 389(1) of Cr.P.C, seeking suspension of sentence and grant of bail. His last one application was dismissed as withdrawn on 01.04.2022.
Appellant Ashish alias Aashu stands convicted under Section 302 IPC and sentenced to undergo life imprisonment with fine of Rs.6000/-, with default stipulation vide judgment of conviction and order of sentence dated 13.02.2017 passed by First Additional Sessions Judge Mungaoli, District Ashoknagar in Sessions Trial No.106/2013.
In compliance of the order passed by this Court on 06.09.2023 the medical/health status report of Nirpat Singh Ahirwar S/o Late Pyarelal Ahirwar, father of the appellant Ashish alias Aashu, has been procured by learned Public Prosecutor. It is stated that forty percent body of Nirpat Singh is paralyzed. He is all alone in the house as his four daughters are married living separately and his another son Santosh Singh and wife Harkunwar Bai have passed away.
In the backdrop of aforesaid medical/health status report of Nirpat, father of appellant, we have taken up the instant IA No. 4354 of 2023 for suspension of jail sentence of appellant.
The appellant so far is said to have undergone 8 years 5 months' jail incarceration as against the sentence of life imprisonment imposed by the trial Court.
As per prosecution story, appellant is found to have set ablazed deceased Bhavna, who had refused to marry him. The Sessions Court upon evaluation of evidence placed on record has convicted and sentenced the appellant as aforesaid.
We have perused the report and upon consideration of submissions of learned counsel for the appellant and the respondent, we deem it expedient to extend the benefit of suspension of jail sentence to the appellant in the obtaining facts and circumstances to look after his father Nirpat S/o Pyarelal, who is already forty percent paralyzed.
Consequently, the I.A.4354 of 2023 is hereby allowed. It is directed that the jail sentence of present appellant Ashish alias Aashu shall remain suspended and he be released on bail subject to depositing the amount of fine (if not already deposited) and on furnishing a personal bond in the sum of Rs.1,50,000/- (Rupees One Lac and Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court. The appellant is directed to appear before the Registry of this Court first on 08-01-2024 and on other subsequent dates as may be fixed in this behalf.
I t is made clear that the observations made on facts are only for the purpose of deciding the instant I.A. and the same shall have no bearing on the merits of the appeal.
In the light of the order passed today, IA No. 11197 of 2023 , eighth application for interim suspension of jail sentence of appellant stands dismissed as having rendered infructuous.
Certified copy as per rules.