Citation : 2023 Latest Caselaw 7052 MP
Judgement Date : 1 May, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 314 of 2015
(KEDARSINGH YADAV Vs THE STATE OF MADHYA PRADESH THR.)
Dated : 01-05-2023
Shri Ravi Choudhary - learned counsel for the appellant.
Shri Rajesh Shukla - Additonal Advocate General for the
respondents/State.
Heard on I.A. No.1450/2023, ninth application under Section 389 (1) Cr.P.C. filed on behalf of appellant seeking interim suspension of sentence on
the ground of marriage of his son- Shivam.
Appellant stands convicted under Section 302/34 of IPC and sentenced to undergo life imprisonment with fine of Rs.1,000/- and under Section 449 of IPC and sentenced to undergo R.I. for 10 years with fine of Rs.1,000/- with default stipulations v i d e judgment dated 31.03.2015 passed by Fourth Additional Sessions Judge, Gwalior in Sessions Trial No.597 of 2013.
Appellant so far has undergone 8 years and 6 months of jail incarceration. Learned counsel for the appellant submits that marriage of appellant's son, namely, Shivam is going to be scheduled from 08.05.2023 to 13.05.2023.
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 be enlarged on interim 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 interim 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 10.05.2023 to 14.05.2023. 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 15.05.2023 before the Court concerned under intimation to the Registry of this Court through his counsel.
Accordingly, I.A. No.1450/2023 stands allowed. List this case in the week commencing 22.05.2023 to verify the factum of surrender by appellant.
CC as per rules.
(ROHIT ARYA) (SATYENDRA KUMAR SINGH) JUDGE JUDGE
(Dubey)
Digitally signed by SUNEEL DUBEY
SUNEEL DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=157244b0239a6fd662b29b00a11fc
DUBEY 66a5e160f585aa7a92425f380d476b32818, pseudonym=046B231C591E29491F36ABD1 56EBF3A713937186, serialNumber=4009CAE962958E019ADDF04 E87EFD5C07FA5D0C38532D550F61B55401A 275B8C, cn=SUNEEL DUBEY Date: 2023.05.01 16:48:56 -07'00'
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