Madhya Pradesh High Court
Deewan vs The State Of Madhya Pradesh on 14 December, 2023
Author: Rohit Arya
Bench: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 10616 of 2019
(DEEWAN AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 14-12-2023
Smt. Uma Kushwaha - Advocate for the appellants.
Shri Kaushlendra Singh Tomar - Public Prosecutor for the respondent-
State.
Learned counsel for the appellant, after arguing for a while, seeks leave of
this Court to withdraw I.A.No.16702 of 2023, third application under Section
389(1) of Cr.P.C. for suspension of sentence and grant of bail moved on behalf
of appellant No.1- Deewan.
Prayer accepted.
Accordingly, I.A.No.16702 of 2023 stands dismissed as withdrawn.
Also Heard on I.A. No. 22632 of 2023, an application under Section
389 (1) Cr.P.C. filed on behalf of appellant No.1-Deewan seeking interim
suspension of sentence and grant of bail on the ground of sad demise of his
mother on 7.12.2023.
Appellant No.1-Deewan has been convicted under Section 396/120B,
302/149 of IPC and sections 11/13 of M.P.D.V.P.K. Act and sentenced for
Life Imprisonment with fine of Rs.2000/-, Section 307/149 read with section
120B IPC and sentenced to undergo 10 years' RI with fine of Rs.2000/-,
Section 225/149 Part II read with section 120B IPC and sentenced to undergo
three years RI with fine of Rs.1,000/- with default stipulations respectively vide
judgment of conviction and order of sentence dated 20.11.2019 passed by the
Special Judge, M.P.D.V.P.K Act Sabalgarh, District Morena in SPL Case
No.200031/2015.
Learned counsel for appellant No.1 submits that his mother died on 7th
December, 2023 and being his son, he has to perform post-death rituals of his
mother. Alongwith the application, panchnama, death certificate as well as
obituary (shok sandesh) are placed on record.
Factum of death of mother of appellant no.1 has been verified by the
State counsel.
Taking into consideration the facts and circumstances of the case,
appellant No.1 namely Deewan is granted interim suspension of jail sentence to
perform post-death rituals of his mother. It is directed that the jail sentence of
appellant no.1 namely Deewan shall remain suspended temporarily from
15.12.2023 t o 18.12.2023. Accordingly, he be released on temporary bail
subject to his furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees
One Lakh only) with one solvent surety in the like amount to the satisfaction of
the trial Court concerned with the condition that appellant No.1 namely Deewan
shall surrender on 19th December, 2023 before the Court concerned under
intimation to the Registry of this Court through their counsel.
Accordingly, I.A. No. 22632 of 2023 stands allowed.
List this case in the week commencing 8.1.2024 to verify the factum
of surrender by appellant No.1.
Certified copy as per rules.
(ROHIT ARYA) (MILIND RAMESH PHADKE)
JUDGE JUDGE
Pawar
