Citation : 2023 Latest Caselaw 8050 MP
Judgement Date : 15 May, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 5023 of 2019
(MAHESH BINDORIYA Vs THE STATE OF MADHYA PRADESH)
Dated : 15-05-2023
Shri Siddharth Jain, learned counsel for the appellant.
Shri Kamal Kumar Tiwari, learned Govt. Advocate for the
respondent/State.
Heard on I.A. No.6688/2023, under Section 389 (1) of the Cr.P.C., moved on behalf of the appellant-Mahesh for temporary suspension of
sentence and grant of bail on the ground of death of appellant's uncle.
The trial Court has convicted the appellant under section 302 of the IPC and sentenced to undergo Life Imprisonment with fine of Rs.2,000/- with default stipulation vide judgment dated 16.04.2018 passed by the 12th Additional Sessions Judge, Indore in S.T. No.199/2014.
Learned counsel for the appellant submits that appellant is seeking temporary suspension of jail sentence on account of death of his uncle 01.05.2023. The application is supported by the affidavit and death certificate issued by Aurbindo Institute of Medical Science, Indore hence, the jail sentence
of the appellant may be suspended temporarily for a period of 15 days.
Learned Govt. Advocate for the respondent/State has opposed the prayer and submits that 13th day ritual of appellant's uncle has already been held on 13.05.2023 therefore application of the appellant is liable to be rejected.
In view of the aforesaid considering the facts and circumstances of the case at this stage no case is made out for grant of temporary bail. Accordingly, I.A. No.6688/2023 is rejected.
Signature Not Verified Signed by: AJIT KAMALASANAN Signing time: 18-05-2023 18:33:06
(S. A. DHARMADHIKARI) (PRAKASH CHANDRA GUPTA) V. JUDGE V. JUDGE ajit
Signature Not Verified Signed by: AJIT KAMALASANAN Signing time: 18-05-2023 18:33:06
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