Citation : 2023 Latest Caselaw 851 MP
Judgement Date : 13 January, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 10922 of 2022
(RAM SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 13-01-2023
Shri Gagan Sharma- Advocate for the appellant.
Shri A.K. Nirankari- Public Prosecutor for respondent/State.
Heard on admission.
Record of the trial Court has been received.
Since appeal appears to be arguable, it is admitted for final hearing.
Also heard on IA.894 of 2023, an application for interim suspension of sentence and grant of bail filed on behalf of appellant No.1-Ram Singh.
Appellant No.1-Ram Singh has been convicted under Sections 148, 302 and 323 IPC and sentenced to undergo RI for 01 year, rigorous imprisonment for life with a fine of Rs.5,000/- and RI for six months, with default stipulation vide judgment of conviction and order of sentence dated 30.09.2022 passed by Additional Sessions Judge, Picchore, District Shivpuri (M.P.) in Sessions Trial No.93/2017.
The instant I.A. has been filed o n the ground that appellant No.1-Ram
Singh has to attend thirteenth ceremony (Terahvi) on account of demise of his mother, namely, Smt. Goma Bai on 06.01.2023.
Learned Public Prosecutor has verified the factum of death of mother of present appellant and placed on record the documents in that regard.
Considering the above but without commenting upon the merits of the case, this Court is of the view that the I.A. deserves to be allowed. It is, accordingly, directed that execution of jail sentence of appellant No.1-Ram Singh shall remain suspended temporarily and he shall be released on temporary Signature Not Verified Signed by: PAWAN DHARKAR Signing time: 1/13/2023 7:14:02 PM
bail on 15.01.2023 subject to his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the C.J.M. Shivpuri (M.P.).
Appellant No.1-Ram Singh shall surrender before the C.J.M. Shivpuri (M.P.) on 17.01.2023 for being committed to custody for undergoing the remaining jail sentence as awarded by the trial Court.
A copy of the order be forwarded to the C.J.M. Shivpuri (M.P.) with a direction to send a report to this Court regarding surrender of appellant No.1- Ram Singh.
Accordingly, IA.894 of 2023 stands allowed and closed.
List on 20th January, 2023.
(ROHIT ARYA) (SATYENDRA KUMAR SINGH)
JUDGE JUDGE
pd
Signature Not Verified
Signed by: PAWAN
DHARKAR
Signing time: 1/13/2023
7:14:02 PM
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