Jamsingh vs The State Of Madhya Pradesh
2022 Latest Caselaw 7289 MP

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                                                   IN THE HIGH COURT OF MADHYA PRADESH
                                                                 AT INDORE
                                                                  CRA No. 6045 of 2018
                                                      (JAMSINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                                       Dated : 13-05-2022
                                             Smt. Sharmila Sharma, learned counsel for the appellant No.3 (Ramu).

                                             Shri Rajesh Shrivastava, learned counsel for the appellant No.5.
                                             Shri Kamal Kumar Tiwari, Public Prosecutor for State.
                                             Heard on I.A.Nos.6513/2022 and 317/2022, an application for
                                       suspension of jail sentence filed on behalf of appellant No.3 and appellant No.5
                                       who have been convicted under Section 148 of IPC, sentenced to undergo 2

                                       years RI with fine of Rs.1000/-, under Section 302/149 of IPC, has been
                                       sentenced to undergo life imprisonment with fine of Rs.5000/- and under
                                       Section 341/149 of IPC has been sentenced to undergo 1 month RI with fine of
                                       Rs.500, with default stipulation on each count vide judgment dated 31.7.2018
                                       passed by the ASJ, Jhabua in S.T.No.35/2016.
                                             Vide order dated 12.10.2018, this Court has rejected the application for
                                       suspension of jail sentence filed on behalf of the appellant No.5 on merit.
                                       Therefore, we have no reason to reconsider the application again without there
                                       being no change circumstances. Period of custody cannot be said to be

                                       changed circumstances in this case.
                                             Accordingly, I.A.No.317/2022 is dismissed.
                                             So far appellant No.3 is concerned, it is submitted that his daughter's
                                       marriage shall be solemnized 24.5.2022 and his presence is necessary being
                                       father of the daughter.
Signature Not Verified
  SAN                                        Learned Public Prosecutor submits that the factum of marriage of
Digitally signed by SHAILESH MAHADEV
SUKHDEVE
Date: 2022.05.14 19:11:00 IST
                                       appellant No.3 daughter has been verified.
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                                              In view of the above, without expressing any opinion on merits of the
                                       case, I.A.No.6513/2022 is allowed and it is directed that on depositing the fine
                                       amount and on furnishing a personal bond to the tune of Rs.50,000/- with one
                                       solvent surety in the like amount to the satisfaction of the trial court, the
                                       substantive jail sentence of the appellant No.3 (Ramu S/o. Babu Damor) shall
                                       remain suspended temporarily for a period of one month from the date of
                                       his release.
                                              After the expiry of the aforesaid period of one month, the appellant No.3
                                       shall surrender himself before the concerned trial court. In case, appellant No.3
                                       shall not surrender then the respondent shall be at liberty to take action against

the appellant No.3 for his arrest in accordance with law.

A copy of this order be sent to the concerned trial court. C.c. as per rules.

                                          (VIVEK RUSIA)                               (AMAR NATH (KESHARWANI))
                                              JUDGE                                            JUDGE

                                       SS/-

Signature Not Verified SAN

Digitally signed by SHAILESH MAHADEV SUKHDEVE Date: 2022.05.14 19:11:00 IST