Madhya Pradesh High Court
Sahab Singh vs The State Of Madhya Pradesh on 15 May, 2023
Author: Anand Pathak
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 5391 of 2023
(SAHAB SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 15-05-2023
Shri M.M Tripathi- Advocate for appellants.
Dr. Anjali Gyanani- Public Prosecutor for State.
Heard on I.A. No. 8366 of 2023, first application under Section 389 (1)
of Cr.P.C. for grant of temporary suspension of sentence moved on behalf of
appellant No.3 Shishupal.
Appellant no. 3 Shishupal stood convicted under Sections 302/149, 148,
307/149 IPC and under Section 25(1-b)(a)/27 Arms Act and sentenced to
undergo imprisonment for life with a fine of Rs.1,000/- under Section 302/149
IPC; RI for one year with a fine of Rs.500/- under Section 148 IPC; RI for five
years with a fine of Rs.1,000/- under Section 307/149 IPC, RI for One year with
a fine of Rs.500/- under Section 25(1-b)(a)/27 Arms Act with default
stipulations vide judgment of conviction and order of sentence dated
17.02.2023 passed by II Additional Sessions Judge, Seondha, District Datia
(M.P.) in Sessions Trial No.100105 of 2011.
Learned counsel for the appellants have moved the instant IA on behalf
of appellant No.3-Shishupal on the pretext of pregnancy of his wife who is
expected to deliver a baby soon and being father the appellant has to take care
of his family. Therefore, learned counsel for appellant No.3 prays for grant of
temporary suspension of sentence and grant of bail for a period of two months.
He undertakes that he will not be the cause of harassment to the complainant in
any manner whatsoever and shall remain involved all the time to look after his
family. Relevant medical papers denoting the aforesaid position are attached
Signature Not Verified
Signed by: CHANDNI
NARWARIYA
Signing time: 16-May-23
11:51:40 AM
2
with the instant application.
Learned counsel for the respondent/State, on the basis of verification
report, affirms the factum of the wife of appellant No.3 being mother to be.
Considering the submissions advanced, verification report and looking
to the cause for which the appellant is seeking temporary suspension, instant
application (I.A.No. 8366/2023) is allowed to the extent of temporary
suspension of sentence for a period of two months. Accordingly, it is directed
that appellant No. 3 Shishupal be released on temporary bail for a period of
two months from the date of his release on his furnishing a personal bond to
the tune of Rs. 50,000/-(Rupees Fifty Thousands only) with one solvent
surety of the like amount to the satisfaction of Second Additional Sessions
Judge, Seonda, District Datia. Appellant No.3 will surrender before the trial
Court immediately on completion of aforesaid period of temporary bail i.e. on
or before 15th of July, 2023.
Surrender Report of appellant No.3 Shishupal be produced immediately
before this Court.
This order will remain operative subject to compliance of the following
conditions by appellant No.3 Shishupal:-
1.Appellant No.3 Shishupal will comply with all the terms and conditions of
the bond executed by him;
2. Appellant No.3 Shishupal will confine his activities to the extent of taking
care of his family.
Certified copy as per rules.
(ANAND PATHAK) (MILIND RAMESH PHADKE)
V. JUDGE V. JUDGE
Signature Not Verified
Signed by: CHANDNI
NARWARIYA
Signing time: 16-May-23
11:51:40 AM
Chandni
Signature Not Verified
Signed by: CHANDNI
NARWARIYA
Signing time: 16-May-23
11:51:40 AM
