Afzal Ali vs The State Of Madhya Pradesh
2022 Latest Caselaw 7456 MP

                                                                         1
                                                  IN THE HIGH COURT OF MADHYA PRADESH
                                                               AT JABALPUR
                                                                 CRA No. 2350 of 2013
                                                     (AFZAL ALI AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                                    Dated : 19-05-2022
                                           Shri Kapil Pal, learned counsel for the appellant No.5- Raees Ali.

                                           Shri     Ajay   Shukla,    learned    Government       Advocate   for   the
                                    respondent/State.

Heard on I.A. No.7070/2022, application under section 389(1) of Cr.P.C for suspension of sentence and grant of temporary bail to appellant No.5 Raees Ali.

Appellant No.5- Raees Ali has filed this criminal appeal against vide

judgment dated 05/09/2013 passed in S.T No.692/2012, by 14th Additional Sessions Judge, Bhopal, the appellant has been convicted under sections 302/149 of IPC and sentenced to R.I for life with fine of Rs.5,000/-, R.I. for one year and under Section 148 of IPC and sentenced to R.I. for two years, respectively.

Shri Ajay Shukla, learned G.A for the respondent/State admits that there is a mistake in recording age of the appellant, it will be around 54 years at

present.

It is submitted that his son Rauf is getting married on 25.05.2022 and his presence is required to perform some rituals as father of the groom.

Learned Government Advocate has produced a report furnished by SHO, Police Station Khajuri Sadak, Bhopal dated 18.05.2022 mentioning therein that appellant is convicted under Section 302 of IPC. He has verified the Signature Not Verified SAN factum of marriage to his son on 25.05.2022 at Royal Garden, Halalpur Bus Digitally signed by APARNA TIWARI Date: 2022.05.19 18:33:41 IST Stand, Lalghati.

In view of said facts and verification, I.A. No.7070/2022 is allowed. It is directed that appellant No.5 Raees Ali shall be taken in custody by the authorities concerned for performing various ceremonies of marriage on 25.05.2022 to the said marriage Garden and shall be returned back to the custody on the same day.

In view of the outbreak of new mutant Omicron of Covid-19, the jail authorities and the State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus before and after releasing the appellant.

Certified copy today as per rules.

                                         (VIVEK AGARWAL)                                       (VISHAL DHAGAT)
                                              V. JUDGE                                            V. JUDGE

                                    AT




Signature Not Verified
  SAN




Digitally signed by APARNA TIWARI
Date: 2022.05.19 18:33:41 IST