Madhya Pradesh High Court
Asharam vs The State Of Madhya Pradesh on 16 November, 2022
Author: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 919 of 2014
(ASHARAM Vs THE STATE OF MADHYA PRADESH)
Dated : 16-11-2022
Shri Akhandpratap Singh, learned counsel for the appellant.
Shri Rohit Mishra, learned Additional Advocate General for the
respondent-State.
Heard on IA.17002/2022, XIV repeat application for grant of temporary
suspension of sentence under Section 389 (1) of Cr.P.C moved on behalf of
appellant-Aasharam on the ground of marriage of his daughter.
The factum of marriage of appellant's daughter has been verified from the
concerned Police Station by the State counsel and the marriage of Ms. Rubi is
scheduled on 08/12/2022.
Appellant has been convicted for offences punishable under Sections 302
IPC and sentenced to undergo Life Imprisonment with a fine of Rs.1,000/- and
under Section 341 IPC and sentenced to undergo 01 month's RI with fine of
Rs.500/- with default stipulations respectively vide judgment of conviction and
order of sentence dated 21/07/2014 passed by Second Additional Sessions
Judge, Sabalgarh, District-Morena in Sessions Trial No.146/2011.
Shri Sushil Goswami, learned counsel for the appellant submits that being
father appellant has to perform Kanyadan and other ritual of marriage of his
daughter scheduled on 08/12/2022 and therefore, he may be given the benefit of
temporary suspension on the terms and conditions this Court deems fit and
proper.
Considering the aforesaid facts and circumstances and submissions
advanced by learned counsel for the parties, without expressing any opinion on
merits of the case I.A. is allowed. Accordingly, it is directed that the jail
sentence of appellant-Aasharam shall remain suspended temporarily from
03/12/2022 to 13/12/2022, subject to his furnishing personal bond in the sum
o f Rs.50,000/-(Rupees Fifty Thousand only) with one solvent surety in the
like amount to the satisfaction of the trial Court, subject to verification of the
fact regarding deposit of fine amount by the appellant.
Appellant is directed to surrender before the concerned trial Court on or
before 14/12/2022 under intimation to the Registry of this Court through his
counsel. Appellant shall observe the following further conditions:
(i) Appellant Singh will abide by the terms and conditions of various
circulars and orders issued by the Government of India and the State
Government as well as the local administration from time to time in
the matter of maintaining social distancing, physical distancing,
hygiene, etc., to avoid proliferation of Novel Corona virus (COVID-
19);
(ii) the concerned jail authorities are directed that before releasing
appellant, the medical examination of appellant be conducted through
the jail doctor and if it is prima facie found that he is having any
symptoms of COVID-19, then the consequential follow up action or
any further test required be undertaken immediately. If not, appellant
shall be released on bail in terms of the conditions imposed in this
order.
Learned State Counsel shall inform to all the concerned including the
concerned jail authorities for information and necessary action.
I.A. No. 17002/2022 stands allowed and closed.
Registry is directed to send copy of this order to the Court concerned
for necessary compliance.
List this case immediately after expiry of the period of temporary
suspension of sentence to verify the factum of surrender by appellant.
Certified copy as per rules.
(ROHIT ARYA) (MILIND RAMESH PHADKE)
JUDGE JUDGE
vc
VARSHA CHATURVEDI
2022.11.17 16:58:03
+05'30'
