Citation : 2023 Latest Caselaw 8118 MP
Judgement Date : 22 May, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 1463 of 2023
(SURAJ Vs THE STATE OF MADHYA PRADESH)
Dated : 22-05-2023
Shri Bal Krishna Sharma - Advocate for the appellant.
Shri Rajesh Kumar Shukla - Additional Advocate General for the State.
Heard on I.A. No.8860/2023, application under section 389(1) of Cr.P.C
for temporary suspension of sentence on account of marriage of the sister of
the appellant namely Sonam which is to be solemnized with Shri Ajay Jatav on
24.05.2023 at Vijaypur, District-Sheopur (MP).
Appellant - Suraj has filed this criminal appeal against judgment dated
23.11.2022 passed in S.T No.15/2021, by Additional Sessions Judge, Vijaypur,
District-Sheopur (MP) whereby the appellant has been convicted under sections
363, 376(AB) of IPC and sentenced to R.I for three years and 20 years with
fine of Rs.1,000/- and 5,000/-, respectively with default stipulations.
It is submitted that sentence of appellant-Suraj be temporarily suspended
so to enable him to attend marriage of his only sister on 23/24.05.2023.
Shri Rakesh Kumar Shukla, learned Additional Advocate General for the
respondent/State submits that factum of marriage is verified. He opposes the
prayer.
Taking this fact into consideration that appellant has only one sister and he wants to participate in her marriage which, It is directed that appellant-Suraj be taken in police custody to the venue of the marriage on 24.05.2023 at 10.00 am and be allowed to participate in the ceremony in custody and be lodged back in jail on 25.05.2023. For this, arrangement will be made by the State Authority.
In view of said facts and verification, I.A. No.8860/2023 is disposed of. Certified copy today as per rules.
(VIVEK AGARWAL) (PREM NARAYAN SINGH)
V. JUDGE V. JUDGE
shabana
Digitally signed by SHABANA ANSARI
Date: 2023.05.22 16:58:59 +05'30'
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