Mahipal Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 6486 MP

                                        1
              The High Court of Madhya Pradesh
                                                         Cr.A.No.480/2014

                Mahipal Singh & Ors. Vs. State of M.P.

Gwalior dated 29.04.2022

       Shri Rameshwar Rawat, learned counsel for the appellants.

       Shri C.P. Singh, learned Panel Lawyer for respondent/State.

Heard on I.A.No.6543/2022, an application for correction in the

cause title of the appeal memo.

Learned counsel for the appellants submits that due to

typographical mistake Session Trial number has been mentioned as

166/2013 while the correct Session Trial number is 165/2013 and

prayed for carrying out the said correction at the Board itself.

On due consideration, application (I.A.No.6543/2022) is

allowed. Counsel for the appellants is permitted to carry out the

necessary correction at the Board itself.

Further heard on IA.No.5935/2022 fourth application u/Sec.

389(1) Cr.P.C. for suspension of sentence and grant of interim bail

moved on behalf of appellant No.3 - Jitendra Singh is taken up and

considered.

This criminal appeal assails the judgment dated 15-04-2014

passed in S.T.No.165/2013 by the Additional Sessions Judge, Karera

District Shivpuri (M.P.) whereby appellant No.3 - Jitendra Singh has

been convicted and sentenced as under with default stipulation :-

      Sections (IPC)         Imprisonment                  Fine
376                      Life Imprisonment       Rs.10,000/- with
                                                 default stipulation
450                      5 years' RI             Rs.2,000/- with

            The High Court of Madhya Pradesh
                                                         Cr.A.No.480/2014

                                                 default stipulation

It is submitted by learned counsel for the appellants that

marriage of daughter of appellant No.3 - Jitendra Singh is scheduled

to be solemnized from 06-05-2022 to 12-05-2022 and being father

presence of appellant No.3 - Jitendra Singh is necessarily required.

Documents in relation to marriage of daughter of appellant No.3 -

Jitendra Singh is attached with this application. Therefore, he seeks

interim bail so that he can participate and undertake marriage of his

daughter. He undertakes not to misuse the liberty and would mark his

presence regularly as per direction of this Court. Thus, prayed for

grant of interim suspension of sentence.

Learned counsel for the State opposed the prayer but he fairly

conceded the factum of marriage of daughter of appellant No.3 -

Jitendra Singh.

Considering the above submissions and reason assigned in the

application, without expressing any opinion on merits, this Court

intends to grant interim suspension of sentence to appellant No.3 -

Jitendra Singh for a limited period. It is directed that the jail sentence

of appellant No.3 - Jitendra Singh shall remain under suspension for

15 days, on his furnishing bail bond of Rs.50,000/- (Rupees Fifty

Thousand Only) with one solvent surety of the like amount to the

satisfaction of concerned Trial Court.

Appellant No.3 - Jitendra Singh shall surrender on or before

The High Court of Madhya Pradesh Cr.A.No.480/2014

14-05-2022 before the trial Court and trial Court shall submit report in

this regard.

Appellant No.3 - Jitendra Singh shall not move in the vicinity

of complainant party and shall not be source of embarrassment and

harassment to the complainant party in any manner.

A copy of this order be sent to the Trial Court for information and necessary compliance.

C.c. as per rules.

               (Anand Pathak)                          (G.S. Ahluwalia)
                  Judge                                    Judge
Anil*

             ANIL KUMAR
             CHAURASIYA
             2022.04.29
             05:01:27 -07'00'