Ramsingh vs The State Of Madhya Pradesh
2021 Latest Caselaw 1542 MP

                                    1                              CRA-1360-2016
          The High Court Of Madhya Pradesh
                     CRA-1360-2016
                (RAMSINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

11
Indore, Dated : 23-04-2021
         Heard through Video Conferencing.
         Shri Ashutosh Shukla, Advocate for the appellants.
         Shri Bhaskar Agrawal, Government Advocate for the respondent /

State.

Heard on I.A.No.6652/2021 filed by appellant no. 2 Dhan Singh and

appellant no. 4 Banshi under section 389 (1) of Cr.P.C. for temporary suspension of their substantive jail sentence on the ground of marriage of their sons.

The appellants have filed this present appeal against the judgment of conviction and order of sentence dated 30.8.2016 awarded by the Court of Additional Session Judge, Bagli, District Dewas (MP) in S.T.No.398/12 whereby the appellants / accused have been convicted under sections 307/34 and 506 Part-II of the IPC and sentenced to undergo RI for life with fine of Rs.5000/- and RI for three years with fine of Rs.2000/- respectively, with

default stipulation clause as mentioned in the impugned judgment.

Learned counsel for the appellants submitted that marriage of son of appellant no.2 Dhan Singh is scheduled to take place on 26.4.2021 and the presence of appellant no.2, being father, is necessary for performing marriage rituals. Appellant no. 4 Banshi is real brother of appellant no. 2 Dhan Singh. Wedding of his son Lakhan Singh is scheduled to take place on 27.4.2021. Therefore, being father, his presence in the marriage is also necessary. Hence, their sentence be temporarily suspended for a period of fifteen days and they be released on bail.

Learned Government Advocate has submitted that the factum of marriage has been verified and found to be genuine.

Having considered the contentions of learned counsel for the parties, this 2 CRA-1360-2016 Court is inclined to allow IA No.6652/2021 and temporarily suspend the jail sentence awarded to the appellants No.2 and 4 on the ground of marriage of their sons.

It is ordered that execution of jail sentence of appellant no.2 Dhan Singh and appellant no. 4 Banshi shall remain suspended temporarily and they be released on interim bail for a period of fifteen days from the date of their

release upon their furnishing a personal bond in the sum of Rs.50,000/- (Fifty Thousand only) each with two sureties of Rs.25,000/- each to the satisfaction of the learned trial court. It is also directed that immediately on expiry of the aforesaid period of fifteen days from the date of their release, they shall surrender before the Central Jail, Ujjain, for undergoing remaining part of their jail sentence, failing which, as per law the proceeding be initiated for their arrest.

The jail authorities shall have the appellants checked by the jail doctor to ensure that they are not suffering from the corona-virus and if they are, they shall be sent to the nearest hospital designated by the State for treatment. If not, they shall be transported to their place of residence by the jail authorities.

CC as per rules.

              (MOHAMMAD RAFIQ)                                   (SANJAY DWIVEDI)
               CHIEF JUSTICE                                             JUDGE


      jp
Digitally signed by JITENDRA
KUMAR PAROUHA
Date: 2021.04.24 11:09:43 +05'30'