Devisingh vs The State Of Madhya Pradesh
2023 Latest Caselaw 2639 MP

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                       CRA No. 707 of 2016
                                          (DEVISINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 13-02-2023
                                 Shri Santosh Kumar Meena, learned counsel for the Appellant [A-2].

                                 Shri Bhaskar Agrawal, learned G.A. for respondent/State.

Heard o n I.A. No. 2179/2023, Second application for grant of temporary bail on the ground of delivery of his wife.

Learned Trial Court has convicted the appellant under Section 302 r/w

Section 149 of IPC and sentenced to undergo R.I. for life with fine of Rs. 5,000/-, Section 323 r/w Section 149 of IPC and sentenced to undergo R.I. of 1 year, Section 147 of IPC and sentenced to undergo R.I. of 1 year and Section 148 of IPC and sentenced to undergo R.I. of 1 year with default stipulations, vide its judgment dated 03.05.2016 passed by the IInd Additional Sessions Judge, Shajapur, in S.T. No. 301/2015.

Learned counsel for the Appellant submits that wife of Appellant No. 2 Govind (Mrs. Babita) is pregnant and as per opinion of doctor, her delivery is likely to be possible on 27.02.2023. There is no one in family member to look

after his pregnant wife, therefore, at the time of delivery of her wife, physical presence of appellant is necessary. In support of the aforesaid, he has filed the medical reports of his wife Therefore, it is prayed that the jail sentence of appellant may be suspended for a period of four months and appellant may be released on bail.

Learned Government Advocate for the respondent/State has not objected the prayer but further submitted that he verified the fact from concerning Police Station and report is received, that wife of the appellant is pregnant and Signature Not Verified Signed by: VATAN SHRIVASTAVA Signing time: 13-02-2023 18:39:23

possibility of her delivery is on 27.02.2023.

We have heard learned counsel for both the parties and perused the record.

Considering the overall facts and circumstances of this case, we are inclined to consider and allow this application granting temporary bail to Appellant No. 2 Govind for a period of one month which would start from the date of release of the appellant and would be ended on completion of one month. Jail authority is directed to release the appellant forthwith after receiving the order of the court.

It is directed that Appellant No. 2 Govind be released on temporary bail

upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one surety of the like amount to the satisfaction of the Court concerned.

It is made clear that on completion of period of one month, the appellant will surrender before the Trial Court concerned. In case the appellant does not surrender before Trial Court concerned, then the Trial Court shall take coercive steps in the matter to procure his presence for sending him in jail.

On being released on bail, the appellant shall abide by the conditions enumerated in Section 437(3) of the Code of Criminal Procedure.

With the aforesaid, this application for grant of temporary bail stands disposed of.

List after four weeks.

Certified copy as per rules.

                             (S. A. DHARMADHIKARI)                         (PRAKASH CHANDRA GUPTA)
                                      JUDGE                                         JUDGE
Signature Not Verified
Signed by: VATAN
SHRIVASTAVA
Signing time: 13-02-2023
18:39:23

                           Vatan




Signature Not Verified
Signed by: VATAN
SHRIVASTAVA
Signing time: 13-02-2023
18:39:23