Citation : 2023 Latest Caselaw 2808 MP
Judgement Date : 15 February, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 2171 of 2023
(JAGMOHAN SINGH Vs THE STATE OF MADHYA PRADESH)
Dated : 15-02-2023
Shri Arun Pateriya, learned counsel for the appellant.
Shri Rajesh Shukla, learned Dy.Advocate General for the
respondent/State.
Heard on I.A. No.2972 of 2023, first application under Section 389 Cr.P.C. filed on behalf of appellant seeking temporary suspension of sentence on the ground of marriage of his son namely Pankaj
Appellant stands convicted under Sections 302/149 of IPC and sentenced to undergo life imprisonment with fine of Rs.5000/- and under Section 148 of IPC and sentenced to undergo 3 years' R.I. with fine of Rs.1,000/- with default stipulations vide judgment dated 19.01.2023 passed by Second Additional Sessions Judge, Seondha, District Datia (M.P.) in Sessions Trial No. 100039 of 2012.
Learned counsel for the appellant submits that the marriage of son of appellant, namely, Pankaj is going to be scheduled on 21st 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 son 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 son. It is directed that the jail sentence of appellant shall remain
suspended temporarily from 17th February, 2023 to 23rd 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 24th 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 on 28/02/2023 to verify the factum of surrender by appellant.
Record of the court below be also requisitioned.
CC as per rules.
(ROHIT ARYA) (SATYENDRA KUMAR SINGH)
JUDGE JUDGE
SP
SANJEEV
KUMAR PHANSE
2023.02.16
13:28:57 +05'30'
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