Madhya Pradesh High Court
Rajnarayan vs The State Of Madhya Pradesh on 19 October, 2023
Author: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 12244 of 2022
(RAJNARAYAN AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 19-10-2023
Shri Sanjay Gupta - Advocate for the appellants.
Shri A.K. Nirankari, learned Public Prosecutor for the respondent-
State.
Heard on I.A. No. 19551 of 2023, an application under Section 389 (1)
Cr.P.C. filed on behalf of appellants No.3-Pataram, appellant No.5-Satynaram
and appellant No.6-Sitaram seeking interim suspension of sentence and grant of
bail on the ground of sad demise of their mother on 14th October, 2023.
Appellants No.3-Pataram has been convicted under Section 147 IPC
and sentenced for six months' RI with fine of Rs. 500/-, Section 148 IPC and
sentenced to undergo 01 year's RI with fine of Rs.500/-, Section 302/149 IPC
and sentenced to undergo Life Imprisonment with fine of Rs.5,000/-, Section
307/149 IPC (on three counts) and sentenced to undergo 10 years' RI on each
count and Section 25(1-B) of Arms Act and sentenced to undergo 01 year's RI
with fine of Rs.1,000/- and appellants No.5 and 6 namely Satyanarayan and
Sitaram have been convicted under Section 147 of IPC and sentenced to
undergo six months RI with fine of Rs.500/- each, Section 148 IPC and
sentenced to undergo one year RI with fine of Rs.500/- each, Section 302/149
IPC and sentenced to undergo LI with fine of Rs.500/- each and under Section
307/149 IPC (on three counts) and sentenced to undergo 10-10 years' RI each
with fine of Rs.6000/-each with default stipulations respectively vide judgment
of conviction and order of sentence dated 05-12-2022 passed by Ist Additional
Sessions Judge, Gohad District - Bhind in Sessions Trial No.100106/2016.
Learned counsel for appellants No.3, 5 and 6 submits that their mother
died on 14th October, 2023 and being their sons, they have to perform post-
death rituals of their mother. Alongwith the application, panchnama, death
certificate as well as obituary (shok sandesh) are placed on record.
Factum of death of mother of the aforesaid appellants have been verified
by the State counsel.
Taking into consideration the facts and circumstances of the case,
appellants No.3, 5 and 6 namely Pataram, Satynaram and Sitaram are granted
interim suspension of jail sentence to perform post-death rituals of their mother.
It is directed that the jail sentence of appellants No.3, 5 and 6 namely Pataram,
Satynaram and Sitaram shall remain suspended temporarily from 20-10-2023
to 27-10-2023. Accordingly, they be released on temporary bail subject to their
furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh
only) each with one solvent surety in the like amount each to the satisfaction of
the trial Court concerned with the condition that appellants No.3, 5 and 6
namely Pataram, Satynaram and Sitaram shall surrender on 28th Ocotber,
2023 before the Court concerned under intimation to the Registry of this Court
through their counsel.
Accordingly, I.A. No. 19551 of 2023 stands allowed.
List this case in the week commencing 06-11-2023 to verify the
factum of surrender by appellants No.3,5 and 6.
Certified copy as per rules.
(ROHIT ARYA) (SATYENDRA KUMAR SINGH)
JUDGE JUDGE
vc
VARSHA
CHATURVEDI
2023.10.20
12:18:26 +05'30'
