Gajadhar Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 9306 MP

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              IN THE HIGH COURT OF MADHYA PRADESH
                           AT GWALIOR
                             CRA No. 4146 of 2023
              (GAJADHAR SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 21-06-2023
         Shri D.R. Sharma, learned counsel for the appellant.

         Shri A.K.Nirankari, learned Public Prosecutor for the respondent/State.

Heard on I.A. No.10617 of 2023, second application under Section 389 (1) Cr.P.C. filed on behalf of appellant Gjadhar Singh seeking temporary suspension of sentence on the ground of marriage of his daughter namely, Shalu.

Appellant stands convicted under section 302/34 of IPC and sentenced to undergo life imprisonment with fine of Rs.5,000/- with default stipulation vide judgment dated 28.02.2022 passed by Seventeenth Additional Sessions Judge, District Gwalior, Madhya Pradesh in Sessions Trial No. 96/2017.

Learned counsel for the appellant submits that the marriage of daughter of appellant, namely Shalu is going to be solemnized on 23.06.2023. 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 Gjadhar Singh 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 23rd of June to 25th June, 2023 and accordingly, he be released on temporary bail subject to his

furnishing a personal bond in the sum of Rs.2,00,000/- (Rupees Two 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 26th June, 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 03.07.2023 to verify the factum of surrender by appellant.

Record of the court below be also requisitioned.

CC as per rules.

     (ROHIT ARYA)                                (SANJEEV S KALGAONKAR)
        JUDGE                                            JUDGE

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        ABDUR RAHMAN
        2023.06.21
        17:06:43 +05'30'