Updesh Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 14655 MP

                                   1
            IN THE HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR
                            CRA No. 1992 of 2022
             (UPDESH SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 05-09-2023
       Shri Atul Gupta, learned counsel for the appellants.

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

Shri Prem Singh Bhadoriya, learned counsel for the complainant. Heard on I.A. No. 16322 of 2023, an application under Section 389 (1) Cr.P.C. filed on behalf of appellant No.2-Jabar Singh and Appellant No.3- Hukum Singh seeking interim suspension of sentence on the ground of said

demise of their mother on 28-08-2023.

Factum regarding death of mother of appellants No.2 & 3 has been verified by the State counsel through concerned Police Station.

Appellants No. 2 & 3 stand convicted under Section 148 of IPC and sentenced to undergo 01 year's RI with fine of Rs.1,000/- each, Section 302/149 of IPC and sentenced to undergo Life Imprisonment with fine of Rs.5,000/- each and Section 307/149 of IPC and sentenced to undergo 10 years' RI with fine of Rs.5,000/- each with default stipulations respectively vide judgment of conviction and order of sentence dated 21-01-2022 passed by

IVth Additional Sessions Judge, District-Bhind in Sessions Trial No.1400045/2016.

Learned counsel for appellants No.2 & 3 submits that their mother died on 28-08-2023 and they have to perform post-death rituals of their mother being her sons. Alongwith the application, death certificate has also been placed on record, hence, prayer is made for interim suspension of sentence and grant of bail to appellants No.2 & 3.

Taking into consideration the death certificate coupled with the facts and circumstances of the case, appellants No.2- Jabar Singh and appellant No.3- Hukum Singh 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.2- Jabar Singh and appellant No.3-Hukum Singh s h a ll remain suspended temporarily from 06-09-2023 to 10-09-2023. 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 each in the like amount to the satisfaction of the trial Court concerned with the following conditions that:-

(1) Appellants No.2 & 3 shall surrender on 11-09-2023 before the Court concerned under intimation to the Registry of this Court through their counsel.

(2) the concerned Police Station shall ensure that no untoward incident shall occur attributable to them during the aforesaid period of interim suspension of appellants No.2 & 3;

(3) appellants No.2 & 3 shall mark their presence before the concerned Police Station during the period of suspension either between 10:00 am to 12:00 noon, or between 5:00 to 7:00 pm. Accordingly, I.A. No.16322 of 2023 stands allowed. List this case in the week commencing 19th September, 2023 to verify the factum of surrender by appellants No.2 & 3.

Certified copy as per rules.

     (ROHIT ARYA)                                           (MILIND RAMESH PHADKE)
        JUDGE                                                        JUDGE

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      VARSHA
               Digitally signed by VARSHA CHATURVEDI
               DN: c=IN, o=HIGH COURT OF MADHYA
               PRADESH BENCH INDORE, ou=HIGH
               COURT OF MADHYA PRADESH BENCH
               INDORE, postalCode=452001, st=Madhya



      CHATU
               Pradesh,

2.5.4.20=df59fbf0f5c7485addc8affe3edf2 0e67d11d7f91045d81139f6792fbd4ae91f, pseudonym=F29DF1B77616273C6A0CF8 6F33868DF0D9382C30,

RVEDI serialNumber=652FE82BC5CAE8153A1E3 4C3B8EFC095F5A0D144B089415F31342D 1C8E2D3139, cn=VARSHA CHATURVEDI Date: 2023.09.05 18:37:29 +05'30'