Munnalal And 2 Ors. vs The State Of Madhya Pradesh
2022 Latest Caselaw 5399 MP

                                      1
              IN THE HIGH COURT OF MADHYA PRADESH
                            AT INDORE
                               CRA No. 401 of 2013
            (MUNNALAL AND 2 ORS. AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 12-04-2022
      Shri Neeraj Gaur, learned counsel appearing on behalf of Manish Yadav,

learned counsel for the appellant.
      Shri Kamal Kumar Tiwari, learned counsel for the respondent State.

Heard on I.A. No.4520/2022 which is an application filed by appellant no.1 Munnalal u/s. 389 of the Cr.P.C. for temporary suspension of custodial sentence on account of marriage of his son Dikesh which is scheduled to be held on

20.04.2022 to 22.4.2022.

The appellant no.1 and other co-accused stands convicted vide judgment dated 07.03.2013 passed by Additional Sessions Judge, Bagli, District Dewas in Session Trial No.284/2010 for the offences punishable under Sections 302/149, 148 and 323/149 of IPC and sentenced to undergo life imprisonment, 3 years R.I and 1 year R.I to pay a fine of Rs.50,000/-, Rs.3000/-, and Rs.1,000/- respectively with default stipulations.

Factum of marriage has been verified. The appellant no. 1 Munnalal is in jail since date of arrest.

In view of the aforesaid, without commenting anything on the merits of the case, we are of the opinion that the appellant no.1 deserves to be released on temporary bail.

Accordingly, the application (I.A. No.4520/2022) is allowed and it is directed that upon furnishing personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand) with one solvent surety in the like amount to the satisfaction of the trial Court, the execution of custodial part of the sentence shall remain suspended for a period of two months from the date of his release. The appellant no.1 shall surrender before the jail authorities immediately after expiry of two months from the date of his release and if the appellant no.1 fails to surrender, then in that case the trial Court shall take action against him for sending him back to jail.

  (VIVEK RUSIA)                                     (AMAR NATH (KESHARWANI))
      JUDGE                                                  JUDGE
       Digitally signed by
      REENA PARTHO
      SARKAR
      Date: 2022.04.12
      18:52:24 +05'30'


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