Firoz @ Bhura vs State Of Madhya Pradesh

Vishnu Pratap Singh Chauhan, J

Heard on I.A. No.8526/2020, an application for taking additional documents on record.

On a perusal of the documents, I.A. No.8526/2020 is allowed.

Documents are taken on record.

Also, heard on I.A. No.5498/2020, which is third application for suspension of sentence and grant of temporary bail for a period of one month.

First application filed by the appellant was dismissed vide order dated 7.1.2019 as withdrawn, second application was dismissed vide order dated

22.04.2019 on merits and third application was dismissed vide order dated 14.1.2020 as withdrawn.

The appellant stands convicted for offence under Section 6 of Protection of Children from Sexual offences Act, 2012 and sentenced to undergo R.I.

for 10 years and fine of Rs.5,000/-, with default stipulation.

Learned counsel for the appellant submits that mother of the appellant has suffered a paralytic attack and she requires urgent assistance. The

appellant being her son can assist her, therefore, it is prayed that jail sentence of the appellant may be suspended and he be released on temporary bail

for a period of one month.

On the other hand, learned Panel Lawyer for the respondent/State vehemently opposes the bail application.

Having heard the learned counsel for the parties and on a perusal of documents filed along with this appeal for substantiating illness of mother of

hospital on 16.12.2019 and discharged on 18.12.2019 and thereafter, she is continuously being treated as an outdoor patient. One discharge certificate

is also filed, which reveals that on 19.12.2019, mother of the appellant was again admitted in the hospital but, discharged on the same day. It is not

reflected from the documents that mother of the appellant requires urgent assistance. In these circumstances, this Court is not inclined to allow this

application.

Consequently, I.A. No.5498/2020 is hereby dismissed.

Let the appeal be listed for final hearing in due course.