Asfak vs The State Of Madhya Pradesh
2023 Latest Caselaw 3458 MP

                                   1
            IN THE HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR
                            CRA No. 1103 of 2023
                 (ASFAK AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 27-02-2023
      Shri V.K.Jha, learned counsel for the appellants.

      Smt.Anjali Gyanani, learned Public Prosecutor for the respondent/State.

Heard on I.A. No.3095 of 2023, first application under Section 389 Cr.P.C. filed on behalf of appellant No.1 seeking interim suspension of sentence on the ground of marriage of his daughter - Tabassum.

Appellant No.1 stands convicted under Section 396 of IPC and

sentenced to undergo life imprisonment with fine of Rs.5000/- with default stipulations vide judgment dated 26.12.2022 passed by Fourth Additional Sessions Judge, Vidisha in Sessions Trial No. 124 of 2013.

Learned counsel for the appellant No.1 submits that marriage of his daughter, namely, Tabassum is going to be scheduled on 9th March 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, appellant No.1 be enlarged on interim bail.

Learned counsel for the State has verified the factum of marriage of

daughter of the appellant No.1 through the concerned police station.

Taking into consideration the facts and circumstances of the case, appellant No.1 is granted interim suspension of jail sentence to attend the marriage of his daughter. It is directed that the jail sentence of appellant No.1 shall remain suspended temporarily from 6th March 2023 to 12th March 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 13th March 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 13th March 2023 to verify the factum of surrender by appellant No.1.

CC as per rules.

         (ROHIT ARYA)                                (MILIND RAMESH PHADKE)
            JUDGE                                             JUDGE
    SP

SANJEEV
KUMAR PHANSE
2023.02.28
17:41:15 +05'30'