Gopal vs The State Of Madhya Pradesh
2023 Latest Caselaw 18059 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                       CRA No. 1738 of 2018
                                                 (GOPAL Vs THE STATE OF MADHYA PRADESH)

                           Dated : 30-10-2023
                                 Shri Pradip Kumar Gupta, learned counsel with Ms. Apoorva Shukla,

                           learned counsel for the appellant.
                                 Shri     Bhuwan     Gautam,        learned   Govt.       Advocate   for   the
                           respondent/State.

1. Heard on I.A.No.15127/2023, second application under Section

389 (1) of the Cr.P.C., moved on behalf of the appellant - Gopal S/o Ramkishan Prajapat for temporary suspension of sentence and grant of bail on the ground that the appellant has four daughters of marriageable age and there is no one to look after them in the house, even the finance is to be arranged by the appellant himself.

2. This Criminal appeal assails the judgment dated 28/11/2017 passed by the Sessions Judge, Ujjain, District Ujjain (M.P.) in S.T. No.528/2016, whereby appellant has been convicted under Section 302 of IPC and sentenced to undergo Life Imprisonment with fine of Rs.5000/- with default stipulations.

3. This fact has been got verified by the learned counsel for the respondent/State and it is clearly stated in the report that there is no one elder person in the house except the old grandmother.

4. In view of above, without expressing any opinion on the merits, I.A.No..15127/2023 is allowed. The custodial sentence of the appellant is temporarily suspended and it is directed that he be released on bail for a period of six weeks from the date of his release and on his furnishing bail bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety Signature Not Verified Signed by: NEERAJ SARVATE Signing time: 31-10-2023 12:33:38

of like amount to the satisfaction of the trial Court concerned subject to the condition that the appellant shall surrender immediately on expiry of six weeks period before trial Court concerned for being committed to custody.

5. Registry is directed to requisition the report of surrender from the concerned trial Court on or before the next date of hearing.

Certified copy as per rules.

                                (S. A. DHARMADHIKARI)                                 (PRANAY VERMA)
                                         JUDGE                                            JUDGE

                           ns




Signature Not Verified
Signed by: NEERAJ
SARVATE
Signing time: 31-10-2023
12:33:38