Sanju Urf Sanjay Tiwari vs The State Of Madhya Pradesh
2021 Latest Caselaw 4478 MP

                                   1                               CRA-7507-2018
        The High Court Of Madhya Pradesh
                   CRA-7507-2018
       (SANJU URF SANJAY TIWARI AND OTHERS Vs THE STATE OF MADHYA PRADESH)

13
Jabalpur, Dated : 18-08-2021
      Heard through Video Conferencing.
      Shri B.K.Upadhyay, learned counsel for the appellants.
      Shri S.K.Gangrade, learned counsel for the objector.
      Ms.Nalini Gurang, learned Panel Lawyer for the respondent/State.

Considered I.A.No.14872/2021, an application for grant of temporary

bail on behalf of the appellant No.3 Tamantu @ Prashant Tiwari for a period of one month.

T he appellant no.3 has been convicted by the impugned judgment passed by the IInd Additional Sessions Judge, Itarsi, District-Hosangabad in ST No.529/2016 for offences punishable under Sections 148, 302/149, 506, 294 and 201 of the IPC and Section 25/27 of the Arms Act and sentenced to undergo R.I. for 02 years, R.I. for life, R.I. for 1 year, R.I.for 1 year, R.I. for 2 years and R.I. for 3 years respectively with default stipulations.

Learned counsel for the appellant no.3 submits that his father has

expired on 11.08.2021 therefore, he filed temporary bail application for a period of one month.

Learned counsel for the objector as well as learned counsel for the State have objection to grant temporary bail for a period of one month to the appellant no.3.

To support this fact he has filed copy of Shok Sandesh as Exp. P/1 and also filed a letter from the Collector, Hoshangabad written to District Magistrate, Jabalpur for grant of parole. Some other documents have also been filed with this regard to show that Collector, Jabalpur has allowed him to attend the last rituals of his father dated 13.08.2021.

The verification of the aforesaid fact is not possible because from tomorrow till 22.08.2021 there are Govt. holidays. The last ceremony which is 2 CRA-7507-2018 30th day of his father is fixed for 23.08.2021; therefore, this application is partly allowed only for seven days. The applicant no.3 Tamantu @ Prashant Tiwari be released on temporary bail on his furnishing bail bond of Rs.50,000/- [Rupees Fifty Thousand only] with solvent surety in the like amount to the satisfaction of the trial Court.

The appellant no.3 shall surrender before the trial Court on or before

27.8.2021. If the appellant no.3 fails to surrender before the trial Court, it shall take him into custody and thereafter shall send the appellant no.3 to concerned jail for serving the remaining jail sentence.

Meanwhile, it is also directed to learned counsel for the State to verify the averments made by the learned counsel for the appellant no.3 in his application and produce it before the Court on the next date of hearing.

Accordingly, I.A.No14872/2021 is allowed.

C.C. today.

                                              (SMT. ANJULI PALO)                      (RAJENDRA KUMAR (VERMA))
                                                    JUDGE                                          JUDGE


                                        Sha




Signature Not Verified
  SAN




Digitally signed by SMT SHALINI SINGH
LANDGE
Date: 2021.08.18 16:08:25 IST