Bhagwandas vs The State Of Madhya Pradesh
2021 Latest Caselaw 1548 MP

          HIGH COURT OF MADHYA PRADESH,
                BENCH AT GWALIOR
                  Cr.A.No.8381/2018
   ( Bhagwandas and another Vs. The State of Madhya Pradesh )
                                     (1)

Gwalior, dated : 23.04.2021

      Heard through video conferencing.

      Shri Sushil Goswami, learned counsel for the appellants.

      Shri Pramod Pachori, learned Government Advocate for the

respondent/State.

I.A. No.10579/2021, an application for urgent hearing through

video conferencing, accordingly, stands allowed.

Heard on I.A.No.10577/2021, an application, under section 389

(1) of the Cr.P.C., moved on behalf of the appellant No.1 Bhagwandas

for interim suspension of sentence and grant of bail on account of

marriage of his daughter - Anjali.

This Criminal appeal assails the judgment dated 11.10.2018

passed by the Additional Sessions Judge, Seondha, District Datia,

M.P. in S.T. No.111/2017, whereby the appellant No.1 Bhagwandas

has been convicted under section 302 of the IPC and sentenced to

undergo life imprisonment with fine of Rs.5,000/- and in default, to

suffer R.I. for one year. Appellant No.1 Bhagwandas and appellant

No.2 - Komal Jamadar have been convicted under Section 201 of IPC

and sentenced to undergo rigorous imprisonment for 5-5 years with

fine of Rs.5,000-5000/- and in default, to suffer 6-6 months' R.I.

The factuam of marriage of daughter of the appellant No.1

Bhagwandas has been verified by the State and found to be true. The

marriage is said to be held on 26.04.2021.

In view of above, without expressing any opinion on the merits, HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR Cr.A.No.8381/2018 ( Bhagwandas and another Vs. The State of Madhya Pradesh )

I.A.No.10577/2021 is allowed. The custodial sentence of the

appellant No.1 Bhagwandas is temporarily suspended and it is

directed that he be released on bail forthwith on his furnishing bail

bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand only) with

two solvent sureties of like amount to the satisfaction of the CJM

Gwalior subject to the condition that the appellant No.1 Bhagwandas

shall surrender before CJM, Gwalior on 03.05.2021 for being

committed to custody.

List this case in the week commencing 03.05.2021 to verify

the factum of surrender.

Registry is directed to requisition the report of surrender from

the concerned CJM on or before the next date of hearing.

Certified copy/E-copy today.

                         (S.A.Dharmadhikari)                   (Vishal Mishra)
                              Judge                                Judge
SP
SANJEEV
KUMAR PHANSE
2021.04.23
18:25:26 +05'30'