Sahab Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 17026 MP

                                    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 : 12-10-2023
      Shri M.M. Tripathi, learned counsel for the appellant.

      Shri R.S.      Kushwah,      learned   Dy. Advocate      General for    the
respondent/State.

1. Heard on I.A.No.18858/2023, an application u/Sec. 389(1) Cr.P.C. for temporary suspension of sentence and grant of interim bail moved on behalf of appellant No.2 - Kok Singh on the ground of death of his elder brother to attend

last rites ceremony of his elder brother.

2. It is the submission of learned counsel for the appellants that appellant No.2 - Kok Singh is suffering incarceration because of judgment passed by the trial Court dated 17.02.2023 whereby the trial Court convicted appellant No.2 - Kok Singh and awarded jail sentence. It is further submitted that recently elder brother of appellant No.2 Girander Singh (deceased brother) passed away on 04.10.2023, necessary documents alongwith affidavit are annexed with this

application. Last rites ceremony (rsjgoha) is to be held on 16.10.2023. He was

on bail during trial and did not misuse the said liberty.

3. Learned counsel for the State affirmed the said fact on the basis of instructions received.

4. Considering the above submissions and the fact that elder brother of appellant No.2 - Kok Singh passed away recently and he has to attend his last

rites ceremony (rsjgoha) , this Court intends to grant interim suspension of

sentence to appellant No.2 for a limited period. It is directed that the jail sentence of appellant No.2 Kok Singh shall remain under suspension for 15

days, on his furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety to the satisfaction of concerned Trial Court/competent Magistrate at Dabra.

5. Appellant No.2 - Kok Singh shall surrender on or before 30.10.2023 before the trial Court and trial Court shall submit a report in this regard.

6. Appellant No.2-Kok Singh shall not move in the vicinity of complainant party and shall not be source of embarrassment and harassment to the complainant party in any manner. Surrender report be submitted after surrender.

7. A copy of this order be sent to the Trial Court for information and necessary compliance.

C.c. as per rules.

   (ANAND PATHAK)                                           (MILIND RAMESH PHADKE)
       JUDGE                                                         JUDGE

Vishal


  VISHAL
              Digitally signed by VISHAL UPADHYAY
              DN: c=IN, o=HIGH COURT OF
              MADHYA PRADESH BENCH GWALIOR,
              ou=HIGH COURT OF MADHYA
              PRADESH BENCH GWALIOR,



  UPADH

2.5.4.20=5d5050008f4c040023a64cb0 30d9c80d25cbf5f3eb4f56fa864a20db 4fbe3d3e, postalCode=474001, st=Madhya Pradesh, serialNumber=637E939E833627AE8C

YAY C13D85E5F2383A287E83C6CDFA6347 A00E482772314FE9, cn=VISHAL UPADHYAY Date: 2023.10.12 15:59:36 +05'30'