Madhya Pradesh High Court
Chunvad Singh vs The State Of Madhya Pradesh on 30 May, 2022
Author: Maninder S Bhatti
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 1045 of 2011
(CHUNVAD SINGH Vs THE STATE OF MADHYA PRADESH)
Dated : 30-05-2022
Shri Sarvesh Kumar Jaiswal, learned counsel for the appellant.
Shri D. K. Paroha, learned Government Advocate for the
respondent/State.
Heard on I.A.No.9217/2022, an application for urgent hearing and
I.A.No. 8573/2022, an application under Section 389(1) of the Code of Criminal
Procedure for grant of temporary bail on the ground of marriage of niece
Ku.Renu Singh daughter of late Raja Bhaiya Singh, brother of appellant
Chunvad Singh Gond.
After due consideration, I.A.No.9217/2022, an application for urgent
hearing is allowed.
Heard on I.A.No.8573/2022, an application for grant of temporary bail.
Learned counsel for the appellant has submitted that marriage of Ku.
Renu Singh, daughter of late Raja Bhaiya niece of appellant has been settled
with Chi.Sukhendra Singh S/o late Rajaram Singh of village Khairaha
Majhgawan District Satna. and marriage is to be solemnized on 31.05.2022 as
father of Ku. Renu Singh who was the real brother of appellant had died 16
years ago. There is no one in the family to perform Kanyadan ceremony of his
niece. Therefore, it has been prayed that appellant be granted bail for a period
of one month so he can perform Kanyadan ceremony of his niece. Marriage
card Annexure-A/1 has been filed.
On the other hand, learned counsel for the State has submitted that
factum of marriage has been verified but it is not possible for him to file
verification report then and there.
On a perusal of judgment dated 28.03.2011 passed by learned Special
Judge (MPDVPK Act) Satna in Special Case No.133/2009 (State of M.P.
through P.S. Majhgawan District Satna vs. Shital Singh and others), it is
revealed that appellant has been convicted under Section 302, 302 r/w Sec.
11/13 of M.P. Dacoity Aur Vyapharan Prabhavit Kshetra 1981, under Section
25,27 of Arms Act r/w Section 11/13(a) of M.P. Dacoity Aur Vyapharan
Prabhavit Kshetra 1981. He has been sentenced to life imprisonment and fine of
Rs.1000/-, R.I. for 10 years and fine of Rs.1000/- and R.I. for 3 years and fine
of Rs.1000/-, respectively. All the sentences have been directed to run
concurrently.
The appellant is undergoing sentence since 29.07.2009. It is apparent that
he has suffered almost 13 years in jail.
On a perusal of verification report received long back in May, 2019, it is
revealed that Ku. Renu Singh's father Raja Bhaiya is no more and Raja Bhaiya
was the real brother of appellant Chunvad Singh Gond.
Without expressing any opinion on the merits of the case, but
considering the fact that marriage of appellant's niece has to be performed on
31.05.2022 and there is no one in the family to perform Kanyadan ceremony of
Ku. Renu Singh. Appellant/accused is the real uncle of Ku. Renu Singh and can
perform ritual of her Kanyadan ceremony.
Therefore, having considered all the facts and circumstances, we are
inclined to allow temporary bail application.
I t is directed that the jail sentence awarded to the appellant Chunvad
Singh Gond shall remain suspended for a period of 7 days i.e. from 31.05.2022
to 07.06.2022, subject to deposit of fine amount if not already deposited, and
furnishing a personal bond in the sum of Rs.1,00,000/- (Rs. one lac ) with one
solvent surety in the like amount to the satisfaction of the trial Court.
It is made clear that the temporary bail granted to appellant Chunvad
Singh Gond shall remain in force till 07.06.2022 only. He shall surrender before
the trial Court on 08.06.2022, failing which the trial Court shall immediately take
necessary steps to secure the presence of appellant for undergoing the
remaining part of the jail sentence.
Copy of this order be sent to the trial Court immediately.
Accordingly, I.A.No.8573/2022 stands disposed off.
Certified copy today as per rules.
(MANINDER S BHATTI) (DINESH KUMAR PALIWAL)
V. JUDGE V. JUDGE
b
Digitally signed
by BIJU BABY
Date: 2022.05.30
19:34:44 +05'30'
