Satish vs The State Of Madhya Pradesh
2023 Latest Caselaw 2423 MP

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               IN THE HIGH COURT OF MADHYA PRADESH
                            AT GWALIOR
                            CRA No. 9196 of 2018
                       (SATISH Vs THE STATE OF MADHYA PRADESH)

Dated : 10-02-2023
        Ms.Uma Kushwah, learned counsel for the appellant.

        Shri    B.M.Shrivastava,     learned    Public     Prosecutor   for   the
respondent/State.

Heard on I.A. No.2683 of 2023, third application under Section 389 Cr.P.C. filed on behalf of appellant seeking temporary suspension of sentence on the ground of marriage of his daughter, namely, Puja.

Appellant stands convicted under Sections 302 of IPC and sentenced to undergo life imprisonment with fine of Rs.10,000/- and under Section 201 of IPC and sentenced to undergo 3 years' R.I. with fine of Rs.2,000/- with default stipulations vide judgment dated 29.10.2018 passed by First Additional Sessions Judge, Dabra District Gwalior (M.P.) in Sessions Trial No. 328 of 2012.

Learned counsel for the appellant submits that the marriage of daughter of appellant, namely, Puja is going to be scheduled on 15th February, 2023. He has placed on record the marriage card along with affidavit bringing on record

the factum of marriage. It is submitted that in the obtaining facts and circumstances, the appellant be enlarged on temporary bail.

Learned counsel for the State has verified the factum of marriage of daughter of the appellant through the concerned police station.

Taking into consideration the facts and circumstances of the case, appellant is granted temporary suspension of jail sentence to attend the marriage of his daughter. It is directed that the jail sentence of appellant shall remain

suspended temporarily from 13th February, 2023 to 19th February, 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. He shall surrender on or before expiry of said period i.e. on 20th February, 2023 before the Court concerned under intimation to the Registry of this Court through his counsel.

Accordingly, I.A.stands allowed and disposed of.

List this case in the week commencing 20/02/2023 to verify the factum of surrender by appellant.

CC as per rules.

       (ROHIT ARYA)                                (MILIND RAMESH PHADKE)
          JUDGE                                             JUDGE

  SP

SANJEEV
KUMAR PHANSE
2023.02.11
14:07:19 +05'30'