Chandramohan Katare vs The State Of Madhya Pradesh
2021 Latest Caselaw 3360 MP

                                                                        1                             CRA-8162-2019
                                              The High Court Of Madhya Pradesh
                                                         CRA-8162-2019
                                                    (CHANDRAMOHAN KATARE Vs THE STATE OF MADHYA PRADESH)

                                       11
                                       Jabalpur, Dated : 16-07-2021
                                             Heard through Video Conferencing.
                                             Shri Pankaj Tiwari, learned counsel for the appellant.
                                             Shri Prashant Mishra, learned P.L. for the respondent/State.

Verification report has been received.

Heard on I.A. No.12504/2021, which is second application for

suspension of sentence and grant of temporary bail to the appellant- Chandramohan.

The appeal has been preferred under Section 374(2) of the Cr.P.C.,1973 b y the appellant/accused against judgment dated 23.07.2019 passed by learned 10th Additional Sessions Judge Jabalpur (MP) in Session Trial No.141/2015, by which the appellant has been convicted for offence under Section 450 of IPC and has been sentenced to undergo R.I. for 10 year with fine of Rs.5000/- and Section 376(1) of

IPC and has been sentenced to undergo R.I. for 10 years with fine of Rs. 5000/-. Default stipulations have also been imposed by the trial Court.

Learned counsel for the appellant submits that marriage of appellant's daughter namely Shivani Katare is scheduled to be held on 18.07.2021. Appellant is required to look after proper arrangements of his daughter marriage. Therefore, in such circumstances, it is prayed that jail sentence of appellant may be temporarily suspended and he may be released on temporary bail for the period of 30 days.

Learned P.L. for the respondent/State opposes the said application although fact of marriage is verified by the State.

Considering the argument of both the parties, looking to the Signature Not Verified SAN verification report and this fact that the marriage of appellant's daughter Digitally signed by LALIT SINGH RANA Date: 2021.07.16 17:12:52 IST 2 CRA-8162-2019 is scheduled to be held on 18.07.2021, appellant/accused is father of Shivani Katare, so his presence at the time of her marriage is very necessary, but without expressing any opinion on the merits of the case, this Court is inclined to release the appellant on temporary bail for the marriage of his daughter namely Shivani Katare. Consequently, I.A.

No.12504/2021 is allowed.

It is directed that on depositing the fine amount, if not already deposited and on furnishing a personal bond in the sum of Rs.5,00,00/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the learned trial Court, the remaining part of the

substantive jail sentence imposed upon the appellant-Chandramohan shall remain temporarily suspended for a period of 10 days and he shall be released on bail on temporary basis for a period of 10 days.

The appellant is directed to surrender before the trial Court within 1 0 days from the date of his release and thereafter the trial Court will sent him to jail for serving the remaining part of the jail sentence.

In case, appellant fails to surrender before the trial Court within the prescribed period, the trial Court will be free to adopt coercive action against the appellant for securing his presence.

In view of the outbreak of 'Corona Virus disease (COVID-19)' the appellant shall also comply with the rules and norms of social distancing. Further, in view of the order passed by the Hon'ble Supreme Court in suo moto W.P.No.1/2020, it would be appropriate to issue the following direction to the jail authority :-

1. The Jail Authority shall ensure the medical examination of the appellant by the jail doctor before his release.

2 . The appellant shall not be released if he is suffering from 'Corona Virus disease'. For this purpose appropriate tests will be carried Signature Not Verified SAN out.

Digitally signed by LALIT SINGH RANA Date: 2021.07.16 17:12:52 IST 3 CRA-8162-2019 3 . If it is found that the appellant is suffering from 'Corona Virus disease', necessary steps will be taken by the concerned authority by placing him in appropriate quarantine facility.

List the matter after two weeks.

C.C. as per rules.

(RAJENDRA KUMAR SRIVASTAVA) JUDGE

L.R.

Signature Not Verified SAN

Digitally signed by LALIT SINGH RANA Date: 2021.07.16 17:12:52 IST