Madhya Pradesh High Court
Ram Jeevan Rajput vs The State Of Madhya Pradesh on 7 May, 2021
Author: Chief Justice
1 CRA-1613-2020
The High Court Of Madhya Pradesh
CRA-1613-2020
(RAM JEEVAN RAJPUT Vs THE STATE OF MADHYA PRADESH)
3
Jabalpur, Dated : 07-05-2021
Heard through Video Conferencing.
Shri Ravi Shankar Patel, Advocate for the appellant.
Shri A Rajeshwar Rao, Government Advocate for the
respondent/State.
Heard on I.A.No.5941/2021, which is first application under Section
389(1) of the Code of Criminal Procedure for suspension of sentence and
grant of temporary bail for 15 days on behalf of appellant - Ram Jeevan
Rajput, who has been convicted for the offence punishable under Section
302 of the Indian Penal Code and sentenced to undergo R.I. for life with fine
o f Rs.1,000/- and further convicted under Sections 25(1-B)A and 27 of the
Arms Act and sentenced to rigorous imprisonment for three years and seven
years respectively with fine and default stipulations, as mentioned in the
impugned judgment.
Learned counsel for the appellant has filed this application for grant of
temporary bail of 15 days to the appellant on the ground that the marriage of
his daughter Aarti, is going to be solemnized on 14.5.2021 and being a father,
his presence is very much required in the marriage. In support of the
application a marriage invitation card has also been filed.
Learned Government Advocate has produced on record a copy of the
report received from Station House Officer, Police Station Chandla, District
Chhatarpur, who has verified the factum about the marriage of the daughter of
the appellant on 14.05.2021.
Having considered the contentions of the learned counsel for parties
and the fact that the marriage of the daughter of appellant is going to be
solemnized on 14.5.2021, it would be appropriate to release the
accused/appellant on temporary bail.
2 CRA-1613-2020
Accordingly, the application is allowed and the execution of jail
sentence of appellant/Ram Jeevan Rajput alias Ramsajeevan Rajput is
temporarily suspended for a period of 15 days.
It is directed that the appellant, on his furnishing a personal bond of
Rs.50,000/- (Rupees Fifty Thousand) with two sureties of Rs.25,000/-
(Rs.Twenty Five Thousand) each to the satisfaction of the trial Court, shall
be released on temporary bail for a period of 15 days from the date of his
release and he will surrender himself immediately on completion of 15 days
before the trial Court to serve the remaining part of the jail sentence, failing
which the proceeding be initiated as per law to forfeit and recover the amount
and also to take steps to arrest him.
The jail authorities shall have the appellant checked by the jail doctor to
ensure that he is not suffering from the coronavirus and if he is, he shall be
sent to the nearest hospital designated by the State for treatment. If not, he
shall be transported to his place of residence by the jail authorities.
Certified copy as per rules.
(MOHAMMAD RAFIQ) (ATUL SREEDHARAN)
CHIEF JUSTICE JUDGE
S/
Digitally signed by SACHIN CHAUDHARY
Date: 2021.05.07 16:42:27 +05'30'
