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SUSHRUT ARVIND DHARMADHIKARI, PRAKASH CHANDRA GUPTA
Jitendra Bhilala – Appellant
Versus
State of Madhya Pradesh – Respondent
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 app
The court has the discretion to temporarily suspend a custodial sentence and grant temporary bail based on the circumstances presented, such as the death of a close relative.
The court has the discretion to grant temporary bail based on specific circumstances, such as the death of a family member.
The court established that temporary suspension of sentences can be granted in exceptional circumstances, such as the death of a family member, while ensuring compliance with legal requirements for b....
The court has the discretion to grant temporary suspension of sentences upon the death of a family member, subject to fulfilling the necessary requirements.
The court established that temporary suspension of sentence can be granted on humanitarian grounds, reflecting the court's discretion under Section 389 CrPC.
The court may grant temporary bail based on family circumstances and the absence of breach of previous bail conditions.
The court has the discretion to grant temporary suspension of sentence under Section 389 CrPC, considering humanitarian grounds and previous grants of interim bail in similar circumstances.
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