Jitendra Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 17029 MP

                                     1
            IN THE HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR
                              CRA No. 3357 of 2022
                    (JITENDRA SINGH Vs THE STATE OF MADHYA PRADESH)

Dated : 21-12-2022
      Shri V.K.Sharma, learned counsel for the appellant.

      Shri Rajesh Shukla, learned Deputy Advocate General, for the
respondent/State.

Heard on IA.20063/2022, an application for interim suspension of sentence and grant of bail filed on behalf of appellant-Jitendra Singh.

Appellant has been convicted under Sections 395 of IPC read with

Section 13 of MPDVPK Act and sentenced to undergo 10 years RI with fine of Rs.1000/-; under Section 396 of IPC read with Section 13 of MPDVPK Act and sentenced to undergo life imprisonment with fine of Rs.2000/-; and, under Section 153 of Railways Act and sentenced to undergo 3 years RI, vide judgment of conviction and order of sentence dated 10.02.2022 passed by Special Judge, (MPDVPK Act), Gwalior in Dacoity Special Sessions Case No.40069/2008.

So far the appellant has undergone jail incarceration for eight months during trial and is in custody from the date of judgment, i.e., 10.02.2022.

By way of interim application, it is submitted by learned counsel for the appellant that the appellant's father has passed away on 19.12.2022.

Learned Deputy Advocate General has verified the factum of death of appellant's father from the concerned Police Station. He submits hat cremation has already been carried out.

Thirteenth Day Ceremony is reported to be scheduled on 01.01.2023. Though learned counsel for the appellant prays for temporary bail for a

period of thirteen days but we are not inclined to accede to the prayer. Instead, we grant the appellant temporary suspension for a period of five days commencing from 29th December 2022 to 2nd January, 2023.

It is, accordingly, directed that execution of jail sentence of appellant shall remain suspended temporarily from 29th December 2022 to 2nd January, 2023 subject to his furnishing personal bond in the sum of Rs.2,00,000/- (Rupees Two Lakhs Only) with one solvent surety in the like amount to the satisfaction of the concerned Trial Court.

Appellant shall surrender before the trial Court on 03.01.2023 for being committed to custody for undergoing the remaining jail sentence as awarded by

the trial Court.

A copy of the order be forwarded to the trial Court with a direction to send a report to this Court regarding surrender of appellant.

Accordingly, IA.20063/2022 stands allowed and closed. List in the week commencing 9th January, 2023.

Certified copy as per rules.

  (ROHIT ARYA)                                   (MILIND RAMESH PHADKE)
     JUDGE                                                JUDGE

yog




                             YOGESH
                             VERMA
                             2022.12.19
          VALSALA
          VASUDEVAN
          2018.10.26
          15:14:29 -07'00'
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