Manoj vs The State Of Madhya Pradesh
2023 Latest Caselaw 16698 MP

                                       1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                CRA No. 3415 of 2022
                     (MANOJ AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 09-10-2023
       Shri Atul Gupta, Advocate for the appellants.

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

Heard on IA. No.18689 of 2023, an application for temporary suspension of sentence and grant of bail moved on behalf of appellant no.2 Prakash Ahirwar.

The appellant h a s been convicted under section 307/34 IPC and

sentenced to undergo life imprisonment with a fine of Rs.10,000/-; under section 456 of the IPC to undergo RI for 3 years with fine of Rs.5000/- with default stipulations vide judgment of conviction and order of sentence dated 08.02.2022 passed by II Additional Sessions Judge, Dabra in ST No.48/2021.

It is submitted by learned counsel for the appellant that the appellant's son Vinod has passed away on 26.09.2023. The application is supported by his death certificate.

Learned Public Prosecutor has also verified the factum of death of appellant's son from the concerned Police Station. Verification report in this

regard has been placed on record as Document No.8290/23.

Thirteenth Day Ceremony is reported to be scheduled on 10.10.2023. It is, accordingly, directed that execution of jail sentence of appellant no.2 Prakash Ahirwar shall remain suspended temporarily. He be released on interim bail on 10.10.2023 subject to his furnishing 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 concerned Trial Court.

The appellant shall surrender before the trial Court on 12.10.2023 for being committed to custody for undergoing the remaining part of his jail sentence as awarded by the Trial Court.

A copy of the order be forwarded to the Trial Court with a direction to send a report to this Court regarding surrender of appellant.

Accordingly, the I.A. stands disposed of.

List in the week commencing 25th October, 2023.

Certified copy as per rules.

   (ROHIT ARYA)                                  (MILIND RAMESH PHADKE)
      JUDGE                                               JUDGE

(and)

        ANAND
        SHRIVASTAVA
        2023.10.09
        17:46:13 +05'30'