Citation : 2021 Latest Caselaw 1549 MP
Judgement Date : 23 April, 2021
HIGH COURT OF MADHYA PRADESH,
BENCH AT GWALIOR
Cr.A.No.2738/2019
( Kishandutt and others Vs. The State of Madhya Pradesh )
(1)
Gwalior, dated : 23.04.2021
Heard through video conferencing.
Shri V.K.Saxena, learned senior counsel with Shri Ayush
Saxena, learned counsel for the appellants.
Shri Pramod Pachori, learned Government Advocate for the
respondent/State.
I.A. No.9223/2021, an application for urgent hearing through
video conferencing, accordingly, stands allowed.
Heard on I.A.No.9224/2021, an application, under section 389
(1) of the Cr.P.C., moved on behalf of the appellant No.3 Ramkishore
for interim suspension of sentence and grant of bail on account of
marriage of his daughter - Alka.
This Criminal appeal assails the judgment dated 23.01.2019
passed by the Third Additional Sessions Judge, Bhind in S.T.
No.347/2000, whereby appellants No.1 Kishandutt and No.2
Rambaran have been convicted under Section 302 (two counts) of
IPC and sentenced to undergo life imprisonment with fine of
Rs.5,000/- and in default, to suffer R.I. for six months. Appellant No.3
Ramkishore has been convicted under Section 302/34 (two counts) of
IPC and sentenced to undergo life imprisonment with fine of
Rs.5,000/- and in default, to suffer R.I. for six months.
Verification report with regard to the factuam of marriage of
daughter of the appellant No.1 Ramkishore has been filed from Police
Station Pavai, District Bhind together with the relevant documents HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR Cr.A.No.2738/2019 ( Kishandutt and others Vs. The State of Madhya Pradesh )
have been filed.
In view of above, without expressing any opinion on the merits,
I.A.No.9224/2021 is allowed. The custodial sentence of the appellant
No.3 Ramkishore 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 concerned subject to the
condition that the appellant No.3 Ramkishore shall surrender before
CJM concerned 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
18:24:17 +05'30'
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