Madhya Pradesh High Court
Badri vs The State Of Madhya Pradesh on 30 November, 2022
Author: Vivek Rusia
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IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
&
HON'BLE SHRI JUSTICE AMAR NATH (KESHARWANI)
ON THE 30th OF NOVEMBER, 2022
CRIMINAL APPEAL No.861/2014
(BADRI AND 3 OTHERS Vs. STATE OF MADHYA PRADESH)
Shri Rajesh Yadav, learned counsel for the appellants no.3 and 4.
Shri Bhaskar Agrawal, learned Govt. Advocate for the
respondent/State.
The appellants have been convicted and sentenced vide judgment
dated 29.04.2014 in Session Trial No.42/2012 passed by First
Additional Sessions Judge, District Barwani.
The conviction and sentence of the appellant no.3 Hari and
appellant no.4 Daulat are as below:-
Conviction Sentence
Section Act Imprisonment Fine deposited details Imprisonment in
lieu of Fine
302 IPC Life imprisonment Rs.4,000/- 1 year Addl. R.I
452 IPC 2 years R.I Rs.1000/- 6 months
Addl.R.I
506(2) IPC 6 months R.I Rs.500/- 2 months Addl.
R.I
342 IPC 6 months R.I Rs.500/- 2 months Addl
R.I
Heard on I.A.No.13703/2022 which is fourth application filed under
section 389(1) of the Cr.P.C. on behalf of appellant no.3-Hari for
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temporary suspension of jail sentence and I.A.No.13705/2022 which is
third application filed under section 389(1) of the Cr.P.C. on behalf of
appellant no.4 Daulat on account of death of their father-Dama Dhangar.
Appellant no.3 and Appellant no.4 are real brothers.
The first application for suspension of sentence of appellant no.3
Hari was dismissed as withdrawn vide order dated 21.07.2017, second
application was rejected vide order dated 11.02.2019, third application
was dismissed as withdrawn vide order dated 28.02.2022. The first
application for suspension of sentence filed on behalf of appellant no.4
Daulat was dismissed as withdrawn vide order dated 21.07.2017 and the
second application for suspension of sentence of appellant no.4 was
allowed vide order dated 24.04.2018.
Learned counsel for the appellants submits that the death of father
of appellant no.3 and appellant 4 has taken place on 24.11.2022 and
they are required to perform the last rites and rituals (pagdi rasam) of
their father which is to be held on 03.12.2022 and 05.12.2022. Hence, it
is prayed that appellants no.3 and 4 be released on temporary
suspension for a period of one month.
In view of the aforesaid, without commenting on the merits of the
case, we are of the opinion that the appellant no.3 and appellant no.4
deserves to be released on temporary suspension for a period of 15 days
from the date of release.
Accordingly, I.A. No.13703/2022 and I.A.No.13705/2022 are
allowed and it is directed that upon furnishing a personal bond in the
sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with one
solvent surety each in the like amount to the satisfaction of the trial
Court, the execution of custodial part of the jail sentence of appellant
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no.3-Hari and appellant no.4 Daulat shall remain suspended for a
period of 15 days from the date of their release. The appellant no.3-
Hari and appellant no.4 Daulat shall surrender before the jail authorities
immediately after completion of 15 days from the date of their release,
failing which the trial Court shall take necessary steps to take them into
custody for serving the remaining part of jail sentence.
A copy of this order be sent to Court concerned for it's compliance
and the trial Court is directed to submit its report regarding surrender of
the appellant no.3-Hari and appellant no.4 Daulat after completing the
stipulated period.
I.A.No.13704/2022 and I.A.No.13706/2022 also stands disposed
off.
(VIVEK RUSIA ) (AMAR NATH (KESHARWANI))
JUDGE JUDGE
das
Digitally signed by
REENA PARTHO
SARKAR
Date: 2022.11.30
17:55:30 +05'30'
