Shyamlal Lodhi vs The State Of Madhya Pradesh
2023 Latest Caselaw 7363 MP

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                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT GWALIOR
                                                    CRA No. 10774 of 2022
                                           (SHYAMLAL LODHI Vs THE STATE OF MADHYA PRADESH)

                         Dated : 04-05-2023
                               Shri Suraj Bhan Lodhi - learned counsel for the appellant.

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

Heard on I.A. No.7893 of 2023, an 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 daughter- Khilan Devi.

Appellant stood convicted under Sections 302, 148 and 323 IPC and sentenced to undergo imprisonment for life with a fine of Rs.5,000/-, One year's RI and six months' RI respectively with default stipulation vide judgment of conviction and order of sentence dated 30.09.2022 passed by Additional Sessions Judge, Picchore, District Shivpuri in Sessions Trial No.93/2017.

Appellant so far has undergone 3-1/2 years' incarceration. Learned counsel for the appellant submits that marriage of appellant's daughter, namely, Khilan Devi is going to be solemnized on 10.05.2023. He has placed on record the marriage card along with affidavit of his son 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 daughter of the appellant through 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 daughter. It is directed that the jail sentence of appellant shall remain suspended temporarily. Accordingly, he be released on temporary bail on Signature Not Verified Signed by: PAWAN DHARKAR Signing time: 5/4/2023 8:44:47 PM

08.05.2023 subject to his furnishing a 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 Trial Court. Appellant shall surrender on 12.05.2023 before the Court concerned under intimation to the Registry of this Court through his counsel.

Accordingly, I.A. No.7893 of 2023 stands allowed. List this case on 18.05.2023 to verify the factum of surrender by appellant.

CC as per rules.

                              (ROHIT ARYA)                            (SATYENDRA KUMAR SINGH)
                                 JUDGE                                         JUDGE

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Signature Not Verified
Signed by: PAWAN
DHARKAR
Signing time: 5/4/2023
8:44:47 PM